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Sean Murphy

Can I claim nieces receiving Supplemental Security Income (SSI) as child dependents on my taxes?

I'm trying to figure out if I can claim my two nieces as dependents for my 2024 tax return. They've lived with me the entire year, and I provide significant support for them. Both girls receive SSI benefits due to medical conditions from being born prematurely in late 2023. I've been researching like crazy about the rules for claiming qualifying child dependents. From what I understand, for me to claim them, they cannot have provided more than half of their own support. The question I'm stuck on is how the SSI payments factor into this calculation. After hours of reading through IRS publications, I think I've found that SSI is considered support from a third party (the government) rather than income the children used to support themselves. Since my nieces are qualifying children rather than qualifying relatives, I believe I don't necessarily need to provide more than half their support - they just need to not provide more than half their own support themselves. So if I'm understanding this correctly, since the SSI benefits are considered third-party support rather than the children's own income, I should be able to claim them as dependents regardless of how much SSI they receive. Does this sound right? I want to make sure I'm interpreting the IRS rules correctly before I file.

Zara Khan

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You're on the right track! The IRS does indeed consider SSI as support from a third party (the government), not as income that the children use to support themselves. This is an important distinction. For qualifying children like your nieces, the key test is that they cannot provide more than half of their own support - not that you personally must provide more than half (though that would be required for qualifying relatives). Since SSI benefits are considered support from a third party rather than the children's own income, these payments don't count against you for the support test. To claim your nieces, make sure you meet all five tests for qualifying child: relationship (nieces qualify), age (under 19 or full-time students under 24), residency (lived with you for more than half the year), support (they didn't provide more than half their own support), and joint return (they aren't filing a joint return except to claim a refund). It sounds like you're meeting all these requirements based on what you've described, so you should be eligible to claim them as dependents, which could qualify you for benefits like the Child Tax Credit as well.

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Sean Murphy

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Thank you for confirming! I was pretty sure I had it right, but tax rules can be so confusing. Just to be crystal clear - even though the SSI payments are fairly substantial (about $2,900 per quarter for each child), that money doesn't count as "their" support since it's government assistance? Also, do I need to document anywhere on my tax return that they receive SSI, or just claim them as qualifying children in the normal way?

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Zara Khan

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The SSI payments don't count as support provided by the children, regardless of the amount. The children aren't earning this money - it's support provided by the government, so it doesn't affect your ability to claim them as qualifying children. You don't need to specifically document the SSI payments on your tax return. Just claim them as qualifying children in the normal way. However, as with any tax position, it's always good practice to keep documentation of your situation (proof they lived with you, evidence of expenses you paid, etc.) in case of questions later.

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Luca Ferrari

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I'm curious - does this service handle other complex situations like claiming adult dependents who receive SSDI instead of SSI? The distinction between the two seems to really complicate things on tax returns.

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QuantumQueen

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Yuki Sato

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Just wanted to add another perspective as someone who works with families receiving SSI. Remember that while you CAN claim these children as dependents for tax purposes, be careful about how you use the additional tax benefits you might receive. If you're the representative payee for the children's SSI, there could be questions about how the tax benefits (like refundable credits) are spent. The Social Security Administration generally expects that money that benefits the children should be used for their care, not for the household generally. Also, make sure the children are still eligible for their full SSI benefits. In some cases, providing too much support could potentially reduce their benefit amounts since SSI is needs-based.

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Sean Murphy

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That's an important point I hadn't considered. I'm not their representative payee (their mom is, though she doesn't live with us), but I do provide housing, food, clothes, etc. If I receive tax benefits from claiming them, should I be documenting how I spend that money specifically on them?

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Yuki Sato

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Since you're not the representative payee, you have more flexibility in how you use tax benefits you receive from claiming the children. The money from tax credits like the Child Tax Credit is yours to use as you see fit - the IRS doesn't impose restrictions on how you spend it. However, it's still a good practice to document how you support the children generally, especially if there's ever a question about whether they qualify as your dependents. Keep receipts for major expenses you cover for them, document that they live with you full-time, and maintain records of any financial support you provide. This creates a clear paper trail that shows you meet the requirements to claim them.

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Carmen Flores

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Quick tip from someone who's been through this process - make sure you have documentation that they've lived with you all year and evidence of expenses you've covered. The IRS has been increasing scrutiny on dependent claims, especially for non-parent relatives claiming children. I'd suggest keeping: - School records showing your address for the children - Medical records showing you taking them to appointments - Receipts for clothing, school supplies, etc. - Any court/legal documents showing your care arrangement - Documentation from their mom acknowledging they live with you This saved me during an IRS review when I claimed my sister's kids who lived with me while she was deployed.

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Andre Dubois

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Do you need the biological parent to sign anything formally stating they're not claiming the children? I've heard conflicting things about Form 8332 being required in these situations.

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