Yes, your sister can claim you and your son as dependents if you meet the requirements set by the IRS. The requirements are:
- Be a qualifying child or qualifying relative
- pass the residence test
- pass the support test
TurboTax provides the following information on the requirements to claim a qualifying relative:
- Relatives must live with the taxpayer year round and be a qualifying relative or child. Qualifying relatives include siblings and qualifying child includes nieces and nephews.
- Dependents have to make less than $5,050 in 2024.
- Taxpayer must pay more than half the qualifying dependents support
Your son would only be able to be claimed by one person. The IRS does not allow a dependent to be claimed on multiple returns. Since the father does not provide support or residency for your son he would not meet the requirements to claim your son on his return.
For more information on dependency status see the links below:
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