Can my sister claim my son in her taxes?

I get ssa for survivours and medical and food stamps for my son and myself.. can my sister claim my son on her taxes? will it affect my benefits?

Be careful... I would say no. Since you get support the government might audit your sister if she claims your son. I only say that since they benefits are in your name and not your sisters.. So your benefits support your son. Since your getting the benefits you and your son are living together.


I wouldn't do it if I were you. Why do you claim him? One audit and your screwed, and will have to pay it all back plus a ton of interest. Also the possibility of jail time and wages garnished.

naah!!!

is it her kid? enough said. trying to cheat the IRS, eh? bad move.

I don't believe she can....
Check with a tax advisor. like HR Block

hmmm, I know she can claim him on her taxes, but i do think it will affect your benefits

actually, she could claim your son in her taxes. it would not affect your benefits.

Why would your sister claim him? Does she provide more than half of his support? Did he live with her on the last day of the year?

Go to IRS.gov and look at the rules.

She can only do that if she provides more than 50% of his support. It seems unlikely. See the 1040 instructions or the IRS.

is she providing support and helping to raise your son then yes she can..if not then is a tax scam and could be bad for both of you if she ever gets audited and cannot prove financial support for the child....

We don't know.

Do you and your so live with your sister for more than 6 months out of the year? Is your son under the age of 19 (or in school and under the age of 24)? We already know that he didn't support himself.

If you did live with your sister, she may be able to claim him as her qualifying child.

If you don't live with your sister and you are not filing a tax return (new rule clarification from the IRS), she can only claim him as a qualifying relative if she provided more than half of his support. You say she didn't.

When the IRS audits her, she will lose, have to pay back any money she received, plus penalties, interest and will earn a 10 year ban on claiming EIC.

robing peter to pay Paul

Unless she lived with you or help supported you in some kind of way then the answer is No.You say you get food stamps .Did you report that she gave you income because if you didn't and she claim your son on her taxes.Food stamp agency may make you pay back stamps because of unreported income.I would probably forget it unless she had actually help and you have proof of it.but like I said if the food stamp agency ask you did anyone help you with expenses and you said no,then I would leave it alone.

Your sister can claim her nephew on her tax return if:

1. The child lived with her for more than half the year
2. The child did not provide over half of his own support
3. Neither parent is claiming the child

To figure whether the child's SSA payments and other income constitute over half of his support, see the worksheet in Pub 17, page 34.

http://www.irs.gov/pub/irs-pdf/p17.pdf

Your SSA and food stamp benefits are not affected by who claims your child.

Did your son live with your sister for over half of the year? If so, maybe she can claim him, if not, no.