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TaxMomNJ, Senior Tax Advisor
Category: Tax
Satisfied Customers: 245
Experience:  7 years experience with tax preparation company, over 500 hours of tax courses taken
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My niece and her 3 children have been living with me for almost

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My niece and her 3 children have been living with me for almost 2 years. She has not contributed anything to the houshold or the needs of her children except a food stamp card. Last year I filed the children on my taxes because she had not worked the previous year. I gave her the extra money from my tax return which she quickly spent without helping her children. I caught her abusing drugs and taking money from me and asked her to leave last week. She took her children with her to her mothers apt. Would I be able to file the children on my taxes this year since I supported them the entire year. What evidence would I need to do this?
Submitted: 8 years ago.
Category: Tax
Expert:  TaxMomNJ replied 8 years ago.



Legally, the children are qualifying children of your's. However, they are also qualifying children of their mother. If your niece has no income, she cannot claim her children because she will not file taxes. She may ask someone else to claim them (illegally) in order to get them to give her the excess money.


You would ultimately need to prove to the IRS, if the children are claimed by you and another taxpayer, that the children lived with you and you provided more than 50% of their support.


Report cards for the children addressed to your house would be helpful. Any type of school records for the children with your address would be helpful.


Medical helps prove your support as well - do you have any receipts for doctors, dentists, or prescriptions for the children?


Receipts for necessities for the children - clothing, additional food, etc. - will not stand alone as the only proof. They will help along with the other receipts to prove you provided at least 50% of the support of the children.


I suggest you try to reconcile with your niece and attempt to create a notarized letter from her that the children lived with you all year and you provided the majority of their support. That would be your best proof to provide to the IRS.


Please let me know if I can help you further.

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