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Can i claim this child as a dependant for this years tax return?

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Can i claim this child as a dependant for this years tax return?

Postby gearald » Sun Jan 01, 2012 3:42 pm

i was wondering if my 12yr old cousin would qualify as my dependant. both his parents live in mexico. he has been living with me this school year. neither one of his parents do a tax return. he is a u.s citizen. he wasnt reported last year but he was the year before. does he qualify?
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Can i claim this child as a dependant for this years tax return?

Postby brett » Sun Jan 01, 2012 3:46 pm

These rules enable you claim a child as a dependent.

Qualifying Children

To be claimed as a qualifying child, the person must meet four criteria:
Relationship — the person must be your child, step child, adopted child, foster child, brother or sister, or a descendant of one of these (for example, a grandchild or nephew).

Residence — for more than half the year, the person must have the same residence as you do.

Age — the person must be

•under age 19 at the end of the year, or
•under age 24 and a be a full-time student for at least five months out of the year, or
•any age and totally and permanently disabled.
Support — the person did not provide more than half of his or her own support during the year.


Some Tips about Claiming Qualifying Children
The qualifying child must live with you for more than half the year. More than half a year means, at minimum, six months and one day. If you share custody, you may want to keep a log of where the child spends the night in your calendar or day planner.
The new rules state that the qualifying child must not provide more than half of his or her own support. This is different from the old rules. Under the old rules, the taxpayer had to provide over half the support for the child. The change makes it easier for families relying on public assistance, charity, and gifts from family members to claim a dependent.

You might still be able to claim the child as a qualifying relative if the child does not meet the criteria to be a qualifying child. But the qualifying child rules always prevail over the qualifying relative rules. So you'll want to make sure the dependent would not qualify as a qualifying child for someone else before claiming a qualifying relative on your tax return.
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Can i claim this child as a dependant for this years tax return?

Postby bennie » Sun Jan 01, 2012 3:47 pm

1. You CANNOT claim a cousin as a "qualifying child." Ever. This child CANNOT qualify you for HOH, the child tax credit or EIC.

2. To claim this child as a "qualifying relative," you MUST be able to prove that he lived with you the entire year, that no one with a superior claim (mom, dad, grandparent, aunt, uncle) lived with him, he had less than $3700 of income and that you provided more than half of his total support. For all that, you can claim the $3700 exemption and save $0 to $555 in tax.
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Can i claim this child as a dependant for this years tax return?

Postby fitz » Sun Jan 01, 2012 3:55 pm

If he has a ss# or ITIN you may be in luck. Visit IRS.GOV and download or order a free PUB 17 and check over the stats and flow charts to see if you meet the criteria presented therein.
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Can i claim this child as a dependant for this years tax return?

Postby cash16 » Sun Jan 01, 2012 4:07 pm

A Tax Lady has it laid out very well for your use and information.
You can verify all of the rules that every one has to meet for this purpose by using the search box at the www.irs.gov website for Publication 17 and then go to chapter 3 and qualifying relative for your situation that you are now in at this time in your life.

http://www.irs.gov/publications/p17/index.html

Qualifying Relative

http://www.irs.gov/publications/p17/ch03.html#en_US_2011_publink1000170933


And you do have to sign the completed tax return where the below statement is included for your use at this time in your life.
Under penalties of perjury, I declare that I have examined this return, and to the best of my knowledge and belief, it is true, correct, and accurately lists all amounts and sources of income I received during the tax year.
Your signature Date Your occupation Spouse’s signature. Date Your occupation
If a joint return, both must sign.
Hope that you find the above enclosed information useful. 12/29/2011
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Can i claim this child as a dependant for this years tax return?

Postby federico » Sun Jan 01, 2012 4:16 pm

Just this school year? No. Unless he lived with you the entire calendar year, you can't claim him. If he did live with you ALL year, and you can show that you provided over half of his support (did his parents pay you anything for having him with you?), you might be able to claim him as a dependent for an exemption. You can't get child tax credit or EIC for him though.
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Can i claim this child as a dependant for this years tax return?

Postby harlak » Sun Jan 01, 2012 4:20 pm

Just this school year? No. Unless he lived with you the entire calendar year, you can't claim him. If he did live with you ALL year, and you can show that you provided over half of his support (did his parents pay you anything for having him with you?), you might be able to claim him as a dependent for an exemption. You can't get child tax credit or EIC for him though.
a cousin is not closely enough related
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