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isaacgonz95
New Member

Can I claim my sister's kids if they live out of state but I support them with most of their expenses?They are under 18 years old and they go to school none of them work?

 
3 Replies
Bsch4477
Level 15

Can I claim my sister's kids if they live out of state but I support them with most of their expenses?They are under 18 years old and they go to school none of them work?

No. They have to live with you. 

xmasbaby0
Level 15

Can I claim my sister's kids if they live out of state but I support them with most of their expenses?They are under 18 years old and they go to school none of them work?

IRS interview to help determine who can be claimed:

https://www.irs.gov/help/ita/who-can-i-claim-as-a-dependent

https://ttlc.intuit.com/questions/3113432-who-can-i-claim-as-my-dependent  

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
Hal_Al
Level 15

Can I claim my sister's kids if they live out of state but I support them with most of their expenses?They are under 18 years old and they go to school none of them work?

Maybe, but almost certainly No. Support is only one of several tests that have to be met.

 

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 an age limit and student status test, a relationship test and a residence test. Only a QC qualifies a taxpayer for the Earned Income Credit and the Child Tax Credit. The Other dependent (qualifying relative) credit is worth (up to) $500 per dependent and is non-refundable. 

 

They cannot be your QC dependents because they do not live with you. 

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 OR live with the taxpayer ALL year
  2. His/her gross taxable income for the year must be less than $4300 (2020).
  3. The taxpayer must have provided more than 1/2 his support

In either case:

  1. He must be a US citizen or resident of the US, Canada or Mexico
  2. He must not file a joint return with his spouse or be claiming a dependent of his own
  3. He must not be the qualifying child of another taxpayer

If your sister or any other relative in her household CAN claim, then you can't because they are the QC of another taxpayer

 

 

 

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