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You may be able to claim your niece and nephew as Qualifying Child dependents if:

  • The child must be related to you. The child can be your son, daughter, stepchild, eligible foster child, brother, sister, half-brother, half-sister, stepbrother, stepsister, adopted child or an offspring of any of them.
  • Your child must be under age 19 or, if a full-time student, under age 24. There is no age limit if your child is permanently and totally disabled.
  • Your child must live with you for more than half the year, but several exceptions apply (ie. away at school).
  • The child cannot provide more than half of his/her support.
  • You must be the only person claiming the child
  • The child must be a US citizen, resident alien, national, or resident of Mexico or Canada.
  • The child cannot file a joint return with his or her spouse.

You can’t claim a dependent if you are a dependent on someone else’s taxes

See Rules For Claiming Dependents


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