Sister wants to claim brother but child lives with us???

Question

My fiance's son moved in with us in Oct of 07, last year we let the sister claim him because he wasnt with us for 6 months etc and was being hopped around till we finally found son again... But today we get another phone call saying she wants to claim him again for this year. Not going for it now since we provide 100% of support for the entire year etc.... My question is what happens if she decides to "do it anyway" and two claims are filed? Logic tells me since he lives with us; is enrolled in our school district and we provide 100% support, they would have to side with us, but then again this is America!!!

Answer 1

What will happen?

This is something the IRS catches right away, matching SS#s

The IRS will ask you and your sister for "further information," such as medical records, school records, anything that shows you are caring for the son. And they will ask the sister.

But since the fiance is the mother of the child (isn't she? I assumed), she has the inside track on the claims, as long as you can substantiate that the kid lives with you and you support him.

To prepare, start saving the records now.

Answer 2

In a contest between parents and nonparents, Parents typically win

In a contest between noncustodial and custodial, Custodial typically win

Your fiance should FILE ASAP (after Jan.1), and he'll/she'll  get the tax benefits. . . if sister files first and then you file, your return will be put on hold until IRS determines who has right to claim child. . . with info above, you would win, you have supported him, he's parent, school records, etc., but file ASAP to be first in and get refund and preclude her doing so

For the record:  You can't LET some one claim a child.  They have to meet requirements and qualify.  "Giving" some one a child to claim can get everyone in trouble, and frequently leads to contests such as the one you're in now.  And there is no US involved since you're not married to your fiance.

Answer 3

what will happen is who ever files first wins. when the second party tries to file the irs will kick out the return (immediatly with electronic filing) and the deduction cannot be claimed.

Answer 4

you are entitled to claim son because you have had him all year. In case sister claims him also you should keep good records (school, medical,etc) to prove he was with you since she claimed in previous year.  Be sure and do not sign and releases for exemptions to her.  Your may look this up on pub 501.  www.irs.gov read Qualifying child of more than one person for last year to see who could claim son based on what you said your fiance was entitled.  but if she was providing most of support then it probably was the Fair thing to let her claim him.

Answer 5

If two people claim the same person as a dependent, the IRS will ask both claimers for supporting information.  Be ready.

Answer 6

Your fiance is allowed to claim him, and the sister is not.  If both claim him, the IRS will notify both of them of the dual claim and say that the one who didn't have the right to claim him needs to amend their return dropping the claim.  If nobody does, then the IRS will request proof from each, and make the decision, and the sis will end up having to pay back what she got illegally, plus penalties and interest.

If she files first and claims him, your fiance won't be able to efile - if his efile is rejected he needs to mail in his return and it'll be OK

Answer 7

While I don't appreciate your knock on America, I'll still answer.

While your fiance can and should claim his son this year, it will save a lot of grief if he files electronically as soon as that is possible (about Jan. 12, give or take a day or so).  First in gets the immediate advantage, though the right party will eventually prevail.

Answer 8

IRS

Answer 9

call the IRS and tell them what is going on and they will help you out

Answer 10

If you are entitled to the deduction and she takes it the IRS will catch it and audit the both of you to determine who is entitled to it. If you file first you can efile. If she files first you will have to mail it in.