Need to prove family relationship for claiming my niece on taxes - complicated by adoption
I need some advice on how to prove my relationship to my niece for tax purposes. Heres the complicated part - I was adopted when I was young and my adoptive mother is listed on my birth certificate. My niece's mother and I are actually biological sisters, but we don't have documentation showing this connection. The IRS is questioning my eligibility to claim her as a dependent. Has anyone dealt with something similar? Do I need to get DNA tests or can I use other documentation to establish our biological relationship? The IRS agent I spoke with wasn't very helpful and just kept saying I need "proof of relationship" without explaining what would be acceptable.
46 comments
KingKongZilla
Tax professional here. For the IRS to accept your niece as a qualifying relative, you need to establish that you're related by blood, marriage, or adoption. In your situation, you might need multiple forms of evidence since the standard documentation doesn't clearly show your relationship. Some options to consider: - DNA testing results between you and your niece or your biological sister - Affidavits from family members attesting to the biological relationship - Court documents related to your adoption that might mention biological siblings - Any pre-adoption birth records that show your biological parents - Hospital records that might link you to your biological family You might also want to gather documentation showing that you provided over 50% of your niece's support for the tax year in question, as this is another requirement for claiming her as a dependent. I'd recommend requesting a meeting with a Taxpayer Advocate Service representative who might be more helpful than the regular IRS agent you spoke with.
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Bethany Groves
Thank you so much for this detailed answer! I think I can get affidavits from family members, but the DNA test might be the most straightforward. Do you know if there are specific DNA testing companies the IRS prefers or accepts?
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KingKongZilla
The IRS doesn't specify preferred DNA testing companies, but I'd recommend using a well-established company that provides official documentation of results. Make sure the documentation clearly identifies both parties and explicitly states the relationship probability. Keep in mind that you'll likely need to submit this along with a written explanation of your situation.
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Rebecca Johnston
I went through something similar with my step-nephew. The Taxpayer Advocate Service was super helpful when regular IRS agents kept giving me the runaround. Definitely worth contacting them!
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Nathan Dell
Just wanted to add my experience - I had to prove a family relationship and ended up using a combination of affidavits and old family documents. The IRS accepted it after I submitted everything with Form 8275 (Disclosure Statement) explaining the unusual circumstances.
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Maya Jackson
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Libby Hassan
Had to prove I was related to my cousin's kids last year. Absolute nightmare. The IRS kept rejecting my supporting documents and I ended up having to get a DNA test done. Make sure whatever you submit is super clear about the relationship - they're really picky about this stuff.
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Hunter Hampton
In my exp, the IRS is super inconsistant on what they accept as proof. My sister had to provide her ex-husband's birth certificate to prove relationship to her nephew (her ex's brother's kid) who lived with her. Meanwhile, my friend just submitted a signed statement explaining a similar situation and they accepted it no problem. The system is a joke.
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Sofia Peña
THIS! The rules seem to change depending on which agent reviews your case. I submitted the same docs 3 times and got 3 different responses. 🤡 system
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Aaron Boston
yup. my sister and I filed almost identical returns with similar dependent situations (we're both raising our nieces). she got approved no questions asked, I got audited. make it make sense.
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Sophia Carter
You might want to check if you can qualify under the "member of household" test instead of trying to prove the blood relationship. If your niece lived with you for the entire year, you might be able to claim her that way instead. Just a thought!
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Bethany Groves
That's an interesting idea - I hadn't thought of that angle. She did live with me for 9 months of the year, but not the full year. I'll look into whether that's enough to qualify. Thanks!
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Chloe Zhang
For member of household test it has to be the ENTIRE year with no exceptions. Even one day short doesn't count. Source: I learned this the hard way 😩
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Brandon Parker
This is why our tax system is broken. You shouldn't have to go through DNA testing to prove you support a family member. The whole system needs an overhaul.
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Adriana Cohn
dont stress it too much OP, i went through this with my half-brother's daughter last year. i ended up sending in: - a notarized letter explaining the family situation - birth certificates showing common parent (your case is trickier bc of adoption) - school records showing i was listed as family contact - medical records where i was authorized to make decisions the key was making sure i had multiple types of documentation. they eventually accepted it but it took like 4 months for them to process everything.
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Bethany Groves
Thanks for the advice! I do have some school records and doctor's office forms where I'm listed as an authorized family member. I'll start gathering those. Did you send everything together or did they ask for additional documentation after your initial submission?
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Adriana Cohn
i sent everything together with a cover letter explaining what each document was and how it showed our relationship. definately better to overwhelm them with proof than to have them come back asking for more stuff.
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Jace Caspullo
You should talk to a tax professional who specializes in EITC and dependent issues. There are specific rules for non-traditional family structures, and there might be options you're not aware of. https://taxr.ai can help analyze your specific situation and give you personalized guidance.
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Melody Miles
i had a somewhat similar situation and what finally worked was getting a letter from our family doctor who had treated both me and my niece stating she was aware of our family relationship. the IRS accepted this along with some other supporting documents. might be worth a shot!
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Bethany Groves
That's a creative solution! We do see the same family doctor, so this might actually work. Thanks for the suggestion.
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Nathaniel Mikhaylov
When u say "claim her as a dependent" - are you talking about for EITC, child tax credit, or just as a dependent deduction? The requirements for relationship proof can vary depending on which tax benefit youre trying to claim.
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Bethany Groves
I'm primarily trying to claim her for the Child Tax Credit. She lived with me for most of the year and I provided more than half of her support.
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Nathaniel Mikhaylov
For Child Tax Credit, the relationship test is stricter than just a regular dependent. You'll definitely need solid documentation of the biological relationship. Did your sister (the child's mother) claim her on taxes? Because that could create another issue.
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Bethany Groves
My sister didn't claim her - she's been out of the picture for a while which is why my niece is living with me. Sounds like the DNA test might be my best option.
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Eva St. Cyr
Maybe I'm missing something but wouldn't your original birth certificate (before adoption) show your biological parents? And then your niece's birth certificate would show her mother (your biological sister)? Those two documents together should establish the relationship, right?
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Bethany Groves
That's the issue - I don't have access to my original birth certificate. In my state, when a child is adopted, the original birth certificate is sealed and a new one is issued with the adoptive parents listed. Getting access to sealed adoption records is a whole separate complicated process.
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Eva St. Cyr
Oh dang, I didn't realize that's how it works. That makes it way more complicated. Sorry you're dealing with this bureaucratic mess!
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Kristian Bishop
I had a similar problem trying to prove relationship to claim my step-grandson. What finally worked was getting a Certified Statement of Relationship from our county clerk's office. Might be worth checking if something like this is available in your area.
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Kaitlyn Otto
This varies by state/county though. Some places offer this and others don't. Worth checking but don't be surprised if its not an option everywhere.
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Axel Far
The IRS loves to make these situations as difficult as possible 🙄 I spent MONTHS trying to prove my relationship to my nephew last year. Finally got through to someone helpful at the IRS using Claimyr.com - got a callback and the agent actually took the time to explain exactly what documentation they would accept. So much better than the generic "proof of relationship" BS I kept getting before.
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Jasmine Hernandez
wait a calling service that actually gets you through to the IRS? does it actually work?
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Axel Far
Yeah it does! You go on their site, put in some basic info about why you need to talk to the IRS, and they navigate the phone system for you. Then you get a call when an actual agent is on the line. Saved me literally hours of hold time and the frustration of getting disconnected after waiting forever. It was the only way I could talk to a live agent and finally get my questions answered.
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Luis Johnson
Have you tried contacting the Taxpayer Advocate Service? They're specifically designed to help with these complicated situations where the normal IRS channels aren't being helpful. They might be able to advise on what documentation would be acceptable in your specific case.
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Ellie Kim
if all else fails you might have to petition the court to unseal your adoption records. I had to do this for a different reason and it was a pain but possible. took about 6 months and cost around $300 for the legal fees.
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Fiona Sand
i work for a tax prep company (not giving specific advice tho) and we see this kind of thing alot. Your best bet is to submit multiple types of evidence - not just one thing. Show school records, medical records, insurance docs, anything that references your relationship. The more documentation, the better chance of approval.
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Mohammad Khaled
This is good advice. I see a lot of ppl submit just one document and get rejected. Submit everything you've got that shows the relationship!
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