I am a legal guardian to my nephew who is now my son due to his mother passing. He receives a Social Security Death Benefit. How do I account for this on my return. Do I still claim him? Do I account for the income?

    A niece or nephew can be a "Qualifying Child" for dependent status. Legal guardianship is not required.

    To be a “Qualifying Child” for dependent status, the child must live with you more than half of the year and be under age 19 at the end of 2012, or under age 24 if a full-time student. Time spent away at school counts as living with you.

    If the child provides more than half of his or her own support, you can't claim them as a dependent. (Social Security benefits do not count as support, and you do not report these payments on your tax return.)

    To determine if a child qualifies as your dependent, complete the Personal Info section in TurboTax.

    More information is available at this link:


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