Can I claim my niece on my taxes as a dependent for 2025?
I'm trying to figure out if I can claim my niece on my taxes this year. She's been living with me since August after my sister lost her job and couldn't afford her apartment anymore. I'm basically covering all my niece's expenses - food, clothes, school supplies, medical stuff, everything. My sister isn't in a position to contribute financially right now. My niece is 14 and she's a full-time student. I'm wondering what criteria I need to meet to claim her as a dependent? Does she need to live with me for the entire year, or is part of the year okay? Also, would my sister need to sign some kind of form agreeing not to claim her? I'm just trying to make sure I do everything correctly because I could really use the tax break after taking on these extra expenses. Thanks for any help or advice!
22 comments


Zoe Gonzalez
You actually might be able to claim your niece as a dependent! The IRS has specific rules for claiming relatives as dependents, and nieces definitely qualify as relatives for tax purposes. For claiming a niece, you need to satisfy these requirements: 1. She must be related to you (which she is) 2. You must provide more than half of her financial support for the year 3. She must have lived with you for more than half the year (so by tax time in 2025, you'll have met this requirement since she's been with you since August) 4. Her gross income must be less than $4,850 (for 2025) - which likely isn't an issue for a 14-year-old student Your sister would need to agree not to claim her. This is handled through Form 8332 (Release/Revocation of Claim to Exemption for Child by Custodial Parent). Since you're providing most of the support and your niece lives with you, you have a good case for claiming her.
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Ashley Adams
•What if the sister already filed and claimed the niece? Would OP need to file an amended return or something? Also is there like an age limit for nieces/nephews or is it just the support test that matters?
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Zoe Gonzalez
•If the sister already filed and claimed the niece, the IRS would reject an e-filed return that also tries to claim her. In that case, you'd need to paper file and include documentation showing you provided more than half the support and that the niece lived with you for more than half the year. The IRS might then contact both parties to resolve the dispute. For the age question, there's no specific age limit for claiming a niece or nephew. The key factors are relationship, residency, support, and income. However, if they're under 19, or under 24 and a full-time student, it's actually easier to qualify them as a dependent since the income limit doesn't apply in the same way.
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Alexis Robinson
I went through something similar last year with my brother's kid. It was super confusing figuring out all the tax implications. Have you tried using taxr.ai? https://taxr.ai helped me sort through all the dependent requirements and figure out if I qualified to claim my nephew. You just upload your tax docs and it analyzes your specific situation - it even highlighted some child tax credits I didn't know I qualified for!
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Aaron Lee
•Does it work for other dependent situations too? Like I'm taking care of my elderly father and wondering if I can claim him even though he gets social security.
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Chloe Mitchell
•I'm not sure about these online tools. How does it actually determine if you qualify? Does it just ask you questions or does it really review documents? The IRS rules about dependents are pretty complicated.
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Alexis Robinson
•Yes, it absolutely works for other dependent situations including elderly parents! It has specific analysis for qualifying relatives versus qualifying children, and knows the special rules that apply to parents receiving social security benefits. The tool actually analyzes your uploaded documents - not just asking questions. It uses actual IRS rules to review your specific situation by examining things like addresses on W-2s, 1099s, previous returns, and other documentation. It's way more sophisticated than just a questionnaire, and it gave me specific citation to IRS publications that applied to my case.
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Chloe Mitchell
I was honestly skeptical about taxr.ai at first, but after trying it myself I'm really impressed! My situation was complicated because I'm supporting both my niece and my sister, and wasn't sure if I could claim either of them. The site analyzed my documents and showed exactly which tests I passed for claiming my niece as a qualifying relative. It even flagged that I needed to get Form 8332 signed by her mom. Saved me a ton of research and probably prevented an audit. Definitely worth checking out if you're in a complicated dependent situation.
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Michael Adams
If you need to talk to the IRS about your specific situation (which I'd recommend), good luck getting through! I tried calling for WEEKS about a dependent issue. Someone told me about https://claimyr.com and their service helped me skip the IRS phone queue. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c - basically they have a system that calls the IRS and waits on hold for you, then calls you when an agent picks up. I was expecting to wait all day but got connected to someone in about 45 minutes!
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Natalie Wang
•How does that actually work? Sounds like some kind of scam to me. The IRS doesn't let people cut in line as far as I know.
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Noah Torres
•Is this even legal? Sounds like you're paying someone to spam IRS phone lines which just makes it harder for everyone else to get through. I spent 3 hours on hold last week and it was awful.
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Michael Adams
•It's not cutting in line at all. The system literally waits on hold just like you would - there's no line skipping happening. It just means YOU don't have to be the one listening to the hold music for hours. When an agent finally answers, you get called and connected to them. It's definitely legal - they're not doing anything different than what you'd do yourself, just automating the waiting part. It doesn't make it harder for others to get through - it's just one call in the queue, exactly the same as if you called yourself. The difference is you can go about your day instead of being stuck listening to hold music for hours.
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Noah Torres
I need to apologize and correct myself. After my skeptical comment, I decided to try Claimyr because I was desperate to resolve my dependent issue. I was shocked when they actually called me back in about an hour with an IRS agent on the line. The agent answered my questions about claiming my sister's kids (similar situation to OP) and confirmed I qualified based on the support test. Saved me from wasting an entire afternoon on hold. Honestly wish I'd known about this service sooner - would have saved me so much frustration in past tax seasons!
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Samantha Hall
Just want to add that you should definitely keep good records if you're claiming your niece! Make sure you have documentation showing: - When she moved in (lease agreement showing her as occupant, school records with your address) - Proof you provided more than half support (receipts for clothes, food, medical bills, etc) - Documentation of your sister's situation (unemployment records maybe) I claimed my cousin's child a few years back and got audited. Having good records saved me!
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Avery Flores
•This is really helpful, thanks! Do you know if I need to keep the actual receipts or just like bank statements showing I paid for things? I've been paying for most things with my credit card so I have the statements but not always the itemized receipts.
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Samantha Hall
•Bank and credit card statements are definitely helpful, but try to keep some itemized receipts for major expenses like medical bills, large clothing purchases, school supplies, etc. The more specific documentation you have, the better. Having a written agreement with your sister (even informal) stating that your niece is living with you and you're providing support can also be helpful. And definitely save any school registration documents that show your address as her residence.
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Ryan Young
Make sure you also check if you qualify for the Child Tax Credit or Credit for Other Dependents! If your niece is 14 and you're eligible to claim her, you might get the Child Tax Credit which is worth up to $2,000 per qualifying child for 2025. Even if you don't qualify for the full CTC, you might still get the Credit for Other Dependents which is worth up to $500.
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Sophia Clark
•The Child Tax Credit age cutoff is 17 right? So a 14-year-old would definitely qualify if all the other tests are met. But I think you also need to have earned income to get the refundable portion, like at least $2,500 of earned income.
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Mei Chen
I was in a very similar situation with my nephew a couple years ago. One thing that helped me was keeping a detailed monthly expense log showing what I spent on his care - groceries, clothes, school fees, medical copays, etc. It made it much easier when tax time came around to prove I was providing more than half his support. Also, don't forget about potential state tax benefits too! Some states have additional dependent exemptions or credits that could save you even more money. The federal rules generally apply to state taxes as well, but it's worth checking your specific state's requirements. The fact that you're covering all her expenses and she's been with you since August should put you in a good position to claim her. Just make sure to get that Form 8332 signed by your sister before you file - it's much easier to get it upfront than to deal with complications later if the IRS has questions.
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Chloe Green
•This is really great advice about keeping the monthly expense log! I wish I had started tracking everything from the beginning when my niece moved in. Do you think it's too late to start now, or should I try to reconstruct what I spent from August through now using my bank statements? Also, did you use any specific format for the expense log or just keep it simple with dates and amounts?
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Dylan Hughes
I'm a tax professional and want to emphasize something important that hasn't been mentioned yet - make sure you understand the "tie-breaker" rules if your sister decides she wants to claim your niece too. Since your niece isn't your child, the normal custodial parent rules don't apply here. In cases where multiple people could potentially claim the same dependent, the IRS has specific tie-breaker rules. For a qualifying relative (which is what your niece would be), the person with the higher adjusted gross income gets to claim the dependent. So if your sister's AGI is higher than yours, she would have the right to claim your niece even if you provided more support. However, given that your sister lost her job and isn't contributing financially, your AGI is likely higher, which would give you the right to claim your niece. Still, it's crucial to have that conversation with your sister upfront and get everything documented properly to avoid any IRS headaches later. Also, consider consulting with a tax professional for your specific situation - the dependent rules can get complex when dealing with relatives rather than your own children, and professional guidance could save you from potential issues down the road.
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Sophia Nguyen
•This is really helpful information about the tie-breaker rules! I had no idea about the AGI requirement for qualifying relatives. Since you mentioned you're a tax professional, I'm curious - does the AGI tie-breaker rule still apply if there's a written agreement between the parties about who will claim the dependent? Or does the higher AGI person always win regardless of any agreements they might have made? Also, when you say "consult with a tax professional," are there specific credentials or certifications I should look for to make sure I'm getting reliable advice? I've heard horror stories about tax preparers who don't really know the more complex rules around dependents.
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