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Omar Fawzi

Can I claim my niece on my taxes if I'm her primary caregiver?

Hi everyone, I need some tax advice for a complicated family situation. My sister was seriously injured in a motorcycle accident back in October 2023, and she hasn't been able to work at all during 2024 because of her recovery. Due to this situation, I've basically become the primary caregiver for my niece (she's 8), and we all live together in my house - me, my own daughter (who's 11), my sister, and my niece. I've been covering most of the household expenses, food, clothing, school supplies, etc. for all of us since my sister doesn't have income right now. Since I'm essentially supporting my niece financially and providing her housing, I'm wondering what documentation or proof I would need to be able to claim her as a dependent on my 2024 taxes? Would I qualify for any additional credits beyond just the dependent deduction? I've never claimed anyone besides my own daughter before, so I'm completely lost on what's required here. Any guidance would be super appreciated! Thanks in advance for your help!

Chloe Wilson

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You should be able to claim your niece as a "qualifying relative" dependent if you meet several criteria: First, your niece must have lived with you for the entire year (which sounds like she has). Second, you must have provided more than half of her support for the year (food, housing, clothing, medical expenses, etc.). Third, your niece's gross income must be less than $4,850 for 2024 (which is likely the case for an 8-year-old). Since your sister lives with you too but didn't work, you'll want to document how you provided the majority of support. Keep receipts for major expenses, documentation of housing costs, utilities, groceries, clothing, medical expenses, school supplies, etc. You might also want a simple signed statement from your sister acknowledging that you provided most of the support for her daughter. When you claim your niece, you may qualify for additional tax benefits like the Child Tax Credit (potentially up to $2,000) and you might qualify to file as Head of Household, which gives better tax rates than filing as Single.

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Diego Mendoza

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Would OP qualify for the Child and Dependent Care Credit too if they paid for daycare or after-school programs for the niece while working? And does the sister need to formally transfer dependent rights or something? Just curious how that works.

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Chloe Wilson

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Yes, they could potentially qualify for the Child and Dependent Care Credit if they paid for care expenses that were necessary so they could work or look for work. This could include daycare, after-school programs, or summer camps. They'd need to have the provider's tax ID number and would file Form 2441 with their tax return. The sister doesn't need to formally "transfer" dependent rights, but it helps to have documentation. There's no official IRS form for this, but a signed statement from the sister acknowledging that OP provided most of the support for the niece would be helpful in case of an audit. Only one person can claim a dependent, so the sister should not attempt to claim the niece on her own return.

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I was in a similar situation a few years back with my brother's kids and found this amazing tool called taxr.ai (https://taxr.ai) that really helped me figure out all the dependent rules. It basically analyzed my situation and showed me exactly what I needed to qualify for claiming my nephews. What I liked was that it looked at all the IRS rules around relatives as dependents and showed me what documents I should keep - like how much I spent on their care, school receipts, medical bills, etc. It even created a support worksheet that calculated exactly how much support I provided vs my brother. This saved me so much stress since the IRS can be super picky about claiming non-children dependents, especially when the actual parent is still in the picture.

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StellarSurfer

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How exactly does this work? Like do you just upload your documents or what? I'm helping support my elderly parents and wondering if this would help with my situation too.

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Sean Kelly

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I've heard of these AI tax tools but are they actually legitimate? Like does it give you documentation that would stand up if you got audited? I'm always skeptical about these things.

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You basically answer questions about your tax situation and upload relevant documents if you have them. The system analyzes everything and gives you personalized guidance. It helps identify which tax benefits you qualify for based on your specific circumstances. Yes, it's completely legitimate and designed specifically for audit protection. It creates documentation packages that satisfy IRS requirements, including support calculation worksheets that show exactly how you meet the support test for dependents. Many users have successfully used these documents during IRS inquiries. The analysis is based on actual tax law and regulations, not just generic advice. That's what made it so helpful in my complicated family situation.

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Sean Kelly

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Zara Malik

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Luca Greco

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Nia Thompson

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Don't forget that when you claim your niece as a dependent, you might qualify for Earned Income Credit too, depending on your income. This could be a pretty significant credit! Make sure whatever tax software you use asks about this or that you mention it to your tax preparer. Also, keep track of any medical expenses you paid for your niece. If your total medical expenses for the year exceed 7.5% of your adjusted gross income, you can deduct them if you itemize.

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Omar Fawzi

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Thanks for mentioning the EIC! I make about $42,000 a year as a dental assistant, would that income level qualify me for the Earned Income Credit with two dependents? And I actually did pay for some doctor visits and prescriptions for my niece when she got strep throat this year, so I'll definitely save those receipts.

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Yes, with an income of $42,000 and two qualifying dependents (your daughter and niece), you should qualify for some amount of Earned Income Credit. For 2024, the income limit for EIC with two qualifying children is around $55,000 for a single filer or head of household, so you're well within the range. Definitely keep those medical receipts! While you might not exceed the 7.5% AGI threshold for medical deductions, it's always good to track everything. Also, don't forget about any education expenses for both children - there might be credits available for those as well, like the American Opportunity Credit or Lifetime Learning Credit when they're older.

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Aisha Hussain

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I just want to point out something important - make sure your sister doesn't also try to claim your niece on her taxes! Even if she didn't work, she might file to get refundable credits, and the IRS will reject both returns if the same dependent is claimed twice. Have a clear conversation with your sister about this. Maybe even get something in writing. I've seen family drama happen over this exact situation.

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This happened to my brother and his ex-wife! Both claimed their daughter and it was a MESS. His refund was delayed for months while the IRS sorted it out. They even had to submit additional documentation to prove who provided the most support.

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Aisha Hussain

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Exactly! And what makes it worse is that these conflicts can trigger correspondence audits which can delay refunds by months. The IRS typically sends notices to both parties asking for proof of eligibility to claim the dependent. The person who doesn't have the right to claim the dependent but filed first can cause major headaches for the rightful claimant. That's why it's so important to have that conversation early and get something in writing, even if it's just a simple signed statement that can be kept with tax records.

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