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6 Answers

Can I claim my sister on my tax return?

Asked by: bustermcleod 561 views YA Discussion

Both my mother and teenage sister live with me. My mother has not had a job at all this year and I pay all the bills, including anything that my sister needs for school, etc. Can I claim her on my taxes?

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6 Answers



  1. Kevin on Oct 06, 2012 Reply

    If she is of an age where she can be claimed, and no one else has claimed her, yes you can.

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  2. Tiburon on Oct 06, 2012 Reply

    You can claim her as a qualifying relative if she qualifies.

    There are four tests that must be met for a person to be your qualifying relative. The four tests are:
    -Not a qualifying child: Mother or anyone else has not claimed her as a qualifying child
    -Member of household or relationship: Lived with you all year or be related to you in a specific way
    -Gross income: Not more than $ 3700
    -Support test: More than half

    Your mother will need to sign a waiver saying that she will not be claiming her daughter as a dependent. It needs to have her name, address, and SSN Number and attach it to your 1040.

    Edit: I’m not sure why I’m getting the thumbs down. We just went through this with the IRS when a client tried to claim his sister and the IRS adjusted his 1040 to remove her and told us they would have to receive a waiver from the parent that they would not be claiming her on a tax return.

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  3. tro on Oct 06, 2012 Reply

    your sister would need to be younger than you and live in your household 6 months and you provide more than 50% of her support
    that would hold true for your mother if she lived in your household the ENTIRE year, didn’t make $ 3800, you provide more than 50% of her support and she cannot be claimed on the tax return of anyone else

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  4. Bash Limpbutt's Oozing Cyst© on Oct 06, 2012 Reply

    A sibling can be claimed under the Qualifying Child rule if he or she:

    1. Is not the Qualifying Child of another taxpayer who has a superior claim (such as a parent or grandparent).

    2. Is under age 19 or under age 24 if a full time student for any part of any 5 months in the year.

    3. Lived in your home for more than half of the year.

    4. Is younger that you are.

    5. Did not provide more than half of their OWN support.

    6. Your AGI is higher than the AGI of any parent that could otherwise claim them, and the parent does not claim them.

    You can also claim your mother as your dependent if her gross income for the year was less than $ 3,800 excluding only non-taxable Social Security AND you provided more than half of her support for the year. A parent does NOT need to live in your home at all.

    @Tiburon: The waiver of which you speak does not exist. Someone has miscommunicated information somewhere as the IRS would never ask for such a waiver.

    The custodial PARENT can give a completed Form 8332 to the non-custodial parent as long as the parents supplied more than half of the child’s support between them. That form is ONLY used between parents. A parent cannot give one to a child to allow the child to claim a sibling. The IRS might ask for evidence that the child qualifies to claim the sibling, such as birth certificates to prove that the age test is met and proof that the child’s income is greater than the parent’s income. As to the income test, if the parent has no income and is not filing a return, that’s conclusive evidence in and of itself that that test has been met.

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  5. Bobbie on Oct 06, 2012 Reply

    Publication 501 (2011), Exemptions, Standard Deduction, and Filing Information

    http://www.irs.gov/publications/p501/index.html

    http://www.irs.gov/publications/p501/ar02.html#en_US_2011_publink1000220858

    Personal Exemptions
    You are generally allowed one exemption for yourself. .
    Your Own Exemption
    You can take one exemption for yourself unless you can be claimed as a dependent by another taxpayer.
    Exemptions for Dependents

    http://www.irs.gov/publications/p501/ar02.html#en_US_2011_publink1000220868

    All the requirements for claiming an exemption for a dependent are summarized in Table 5.
    Table 5. Overview of the Rules for Claiming an Exemption for a Dependent
    You cannot claim any dependents if you, or your spouse if filing jointly, could be claimed as a dependent by another taxpayer.
    The person’s gross income for the year must be less than $ 3,800.
    You must provide more than half of the person’s total support for the year.
    Support provided by the state (welfare, food stamps, housing, etc.). Benefits provided by the state to a needy person generally are considered support provided by the state. However, payments based on the needs of the recipient will not be considered as used entirely for that person’s support if it is shown that part of the payments were not used for that purpose.
    Total Support
    To figure if you provided more than half of a person’s support, you must first determine the total support provided for that person. Total support includes amounts spent to provide food, lodging, clothing, education, medical and dental care, recreation, transportation, and similar necessities.
    Generally, the amount of an item of support is the amount of the expense incurred in providing that item. For lodging, the amount of support is the fair rental value of the lodging.
    Expenses that are not directly related to any one member of a household, such as the cost of food for the household, must be divided among the members of the household.
    Worksheet 1.Worksheet for Determining Support
    And you will have to do this worksheet for each one that you think that you might be able to claim for the support test and make sure that you do have the needed necessary written proof in IF and when the IRS might decide that they would want you to VERIFY the information that you entered on your correctly completed income tax return during the tax filing season.
    And you do have to sign the completed tax return where the below statement is included at bottom of the page of the 1040 tax form 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
    Be sure that you do have very good detailed written records and a copy of the worksheet that you used to determine the amount of support that you and others paid for this purpose available in case the IRS should decide that they would want you to verify some of the information that you entered on your 1040 income tax return and printed a copy for your records and signed the other copy to send to the IRS for processing at that time in your life.
    Hope that you find the above enclosed information useful. 10/05/2012

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  6. Judy on Oct 06, 2012 Reply

    Maybe. Do you also pay things like the rent and utilities? Do your mom or sis get welfare or any other government payments?

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