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I supported my niece and nephew last year but thought their parents were going to claim them and they didnt. Can I still amend my taxes and claim them?

Even though its past the filing deadline can i amend and claim them
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1 Reply
Hal_Al
Level 15

I supported my niece and nephew last year but thought their parents were going to claim them and they didnt. Can I still amend my taxes and claim them?

You have three years from the filing deadline to file an amended return. You may claim them if they lived with you for  more than half the year.

A child closely related to a taxpayer can be a “Qualifying Child (QC)” dependent, regardless of the child's income, if:

1.                He is under age 19, or under 24 if a full time student for at least 5 months of the year, or  is totally & permanently disabled

2.                He did not provide more than 1/2 his own support

3.                He lived with the relative (including temporary absences) for more than half the year. See below if they didn't live with you

4.                He is younger than the relative (not applicable for a disabled child)

5.                If the child meets the rules to be a qualifying child of more than one person, you must be the person entitled to claim the child as a qualifying child (this essentially means that you have the parent’s permission to claim the child, if the child also lived with the parent more than half the year)

6.                If the parents of a child can claim the child as a qualifying child but no parent so claims the child, no one else can claim the child as a qualifying child unless that person's adjusted gross income (AGI) is higher than the highest AGI of any of the child's parents who can claim the child.

https://turbotax.intuit.com/tax-tools/tax-tips/Family/Rules-for-Claiming-a-Dependent-on-Your-Tax-Ret...

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There are two types of dependents, "Qualifying Children"(QC) and standard ("Qualifying Relative" in IRS parlance even though they don't have to actually be related). There is no income limit for a QC but there is a relationship and a residency test.

A person can still be a Qualifying relative dependent, if not a Qualifying Child, if he meets the 6 tests for claiming a dependent:

1. Closely Related (nieces and nephews count) OR live with the taxpayer ALL year

2. His/her gross taxable income for the year must be less than $4,050 (2016)

3. The taxpayer must have provided more than 1/2 his support. (note how this is different from the QC support test)

In either case:

4. He must be a US citizen or resident of the US, Canada or Mexico

5. He must not file a joint return with his spouse or be claiming a dependent of his own

6. He must not be the qualifying child of another taxpayer. This means that the parents are allowed to let you  claim the children, if the children live with you. If they don't live with you , you may only claim the children if the parents do not have enough income to have to file a tax return..

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