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3 Answers

Claiming your nieces and nephews on your taxes?

Asked by: sfbs 704 views YA Discussion

Is it legal? I ask because I heard two customers at work discussing how to max out their refunds. In fact, I’ve heard it a few times this month.
I guess I know it is legal if you’re their guardian, but if you’re not, I suppose you can’t, right? I’d have no idea as I’ve only filed taxes two times in my life (I’m a 20 year old college student, not dodging taxes lol)

How others found here:

  • audit for claiming nephews

3 Answers

  1. David Lamboy on Jan 26, 2013 Reply

    Technically its not unless you take care of them and they live with you but that doesn’t stop anyone. If someone is claiming them then that might put you in the hot seat.

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  2. Lilguylover on Jan 26, 2013 Reply

    People do that all the time. As the above poster mentioned if you claimed them and then someone else did as well…then that’s not going to go very well. Other then that though you wouldn’t have any issues.

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  3. Quick Answers on Jan 26, 2013 Reply

    This is a guaranteed audit. The IRS audits to verify that the child actually could be claimed.

    The IRS knows that not everyone who is claiming a “niece or nephew” is not related to the child, let alone live with them. If they didn’t live with the child, they CANNOT get HOH, EIC or ACTC.

    Fraudulent claims get the perpetrator a 20% penalty AND barred from claiming EIC based on any child for 10 years.

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