Dependants

[Mytaxs]

Im trying to claim my 2 kids on my taxes but some one else already claimed them we had a agreement to each claim for 6 months. But it's kicking my taxes back saying the dependents have already been used on someone else's income taxes but I've claimed them every year since they were born but this year I didn't have them all year so I gave my sister permission to claim them for the six months that she had them why won't I be able to claim them on my taxes because I had them for the first 6 months of the year

[xmasbaby0]

There is no such thing as claiming a dependent for only six months --- you either claim them for the tax year or you do not claim them.  Since your sister claimed the children on her return, their Social Security numbers were put into the system and now you cannot e-file your return or claim the kids yourself unless you print, sign and mail your return.   Eventually the  IRS will require more information from each of you to  sort out who could claim them for 2020.

The IRS goes by where the children spent the most nights in the tax year.  Who had them for the most nights in 2020?  

Please explain "I didn't have them all year."

[Mytaxs]

I became blind and I had my kids from Jan until July she took them to live with her from July to Dec to help me out because I was blind and having to learn how to do everything so it was easier for her to take them to live with her since they were there all the time starting in July

[Critter-3]

The kids lived with you for more than 1/2 the year (183 days or more) so ONLY YOU had the right to claim the kids ... so talk to the sister and either leave things alone or you paper file to claim the kids and your sister amends to remove them. 

[xmasbaby0]

If you had the children until sometime in July then they were with you for more than 183 nights and you are the one who can claim them.   But you have to mail your tax return.  You cannot e-file.  And your sister needs to amend to remove them as dependents on her tax return since they cannot be claimed on two returns.

When you mail a tax return, you need to attach any documents showing tax withheld, such as your W-2’s or any 1099’s.  Use a mailing service that will track it, such as UPS or certified mail so you will know the IRS/state received the return.

Federal and state returns must be in separate envelopes and they are mailed to different addresses.  Read the mailing instructions that print with your tax return carefully so you mail them to the right addresses.

Expect a pretty long time  (months) for the IRS to process your mailed return.   You are not going to be able to receive the monthly child tax credits, but you can get the credit on your 2021 tax return.   If your sister is receiving those payments she should go to the IRS Manage Payments site to opt out so she will not end up having to repay them next year.

Sorry for the problems with your vision--hope you are doing all right now.   And----if you are legally blind make sure to mark your 2020 return accordingly so that you get the increased standard deduction for being blind; it makes less of your income taxable.

[xmasbaby0]

@Mytaxs And....there is also the issue of stimulus payments.   You cannot both receive stimulus payments for those children.   Which one of you got the EIP  payments for the children---did your sister use the recovery rebate credit on her return and get EIP payments for claiming the children?   Or  did you receive the 1st and/or 2nd EIP payments for claiming them?   Did the IRS send the 3rd one of $1400 per child to your sister after she filed a 2020 return and claimed them?