Can my Sister claim my son on her taxes?

No she cannot... he is not her dependent.

Your son might qualify as her dependent child not because "she buys things for him" but because they lived together for more than half the year (is this the case?) Aunt-nephew is a close enough relationship for dependent child.

That said, this doesn't mean he's not your dependent child also. In a given year, a child can qualify as many people's dependent - only one ultimately gets to claim him. In the IRS hierarchy, you have the first claim since you are his parent. If you both sent in returns claiming the child, you would eventually be awarded the dependent by the IRS. If you want to let your sister claim him, don't put him on your return.

Sometimes it's useful to have a tax professional look at both returns. As long as you meet all the requirements, a child can go onto the return that generates the best tax savings.

Your child is a qualifying child of your sister if:

1. The child lived in the same household as the sister for more than six months

2. The child did not provide over half of his own support

3. The child is under 19 or under 24 and a full-time student.

From your information, it appears that it might be true that your son is a qualifying child of your sister. However, if you lived with the child for more than six months, and 2 and 3 above are true for you, then your son is your qualifying child as well.

When a child is a qualifying child for two people, either person may claim the child. However, if one of the persons is a parent, that person has a priority claim on the child. If there is a dispute, and both persons claim the child, the parent will win.

So, if you are not required to file, or file and do not claim your child, then your sister may be able to claim your child. If she provided a home for you and your child and you would receive no tax benefit from claiming your child, then it may be beneficial for your sister to claim your child.

we do not comprehend. Do you and your so stay along with your sister for better than 6 months out of the three hundred and sixty 5 days? Is your son below the age of 19 (or in college and below the age of 24)? We already comprehend that he did not help himself. in case you probably did stay along with your sister, she may take care of to declare him as her qualifying newborn. in case you do not stay along with your sister and also you aren't any further filing a tax go back (new rule rationalization from the IRS), she will purely declare him as a qualifying relative if she presented better than 0.5 of his help. you assert she did not. even as the IRS audits her, she will be able to lose, ought to pay decrease back any funds she received, plus consequences, interest and could earn a 10 three hundred and sixty 5 days ban on claiming EIC.

How long did you live with her? If it was over 6 months of 2007, she might be able to, but only if nobody else does. It wouldn't be because she buys some things for him, but because he lived in her household for over half of the year.

If you claim him, she can't - you are the parent and your claim would exclude hers.

A dependent can only be claimed on one person's taxes.

The only way she could claim him is if he's lived with her for at least half of the year and she's provided him with at least half of the cost of supporting him (food, clothing, shelter, gifts, etc.)

Plus, even if she's done all of that, you'd have to either give her permission to claim him (and then you couldn't claim him) or she'd have to win a fight in court where they would force her to provide receipts proving that she's provided at least half of his financial support.

If each of you can show that you've provided him with half of his financial support, then you would have the right to claim him because he is your biological child.

Of course NOT. She Cannot, you will have to hand over custody of your son to her. She is totally out of her mind and will get into trouble, so will you if you don't do something about it as declaring someone on 2 tax return is fraudulent.

**** no. just because she gives him crap dont mean she can have her taxes arent of anything like that person said i'd have to mabye be over 50% but then theres a court trial

If she cannot prove that she was responsible for 50% of his support, it's to the auditor she will be a'headin'.

Not unless you give her permission to do so. And even then, there is an IRS form that you have sign. So, she can't just claim him, even if you did still live with her.

Briefly, no, not unless she provides more than 50% of his care (housing, clothing, food, etc.).

More info: http://www.irs.gov/newsroom/article/0,,id=133298,0...