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Can a person let someone another person not related claim their child as a dependent if they have not lived with them and they are on welfare?

Forum|Forum|7 years ago
June 6, 2019
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Mother let her brothers wife claim her son for tax purposes. She is on DFC and they do not live together or pay any of the living expenses for the child. Is this legal?

Best answer by DeniseF1

No. To be a qualifying relative the following conditions must be met:

A qualifying relative meets all five of the following conditions:

Relationship: The person lives in your home for the entire year and is considered to be a member of your household or is related to you.
Gross Income: Generally, their income is less than $4,000 (not including Social Security or welfare.)
Support: Generally, you provide more than half the person's support. Special rules apply for children of divorced or separated parents or children receiving support from two or more people.
Marital status: Generally, a dependent can’t file a joint tax return with a spouse. The only exception is when the dependent files a joint return only to get a refund for taxes paid. If both spouses file separate returns, neither dependent nor spouse would have a tax liability.
Nationality: The person is a United States citizen; or a resident or national of the U.S., Canada or Mexico. An adopted child that is not a US citizen or resident of the US, Canada, or Mexico lives with you for the entire year.

D

DeniseF1Answer

No. To be a qualifying relative the following conditions must be met:

A qualifying relative meets all five of the following conditions:

Relationship: The person lives in your home for the entire year and is considered to be a member of your household or is related to you.
Gross Income: Generally, their income is less than $4,000 (not including Social Security or welfare.)
Support: Generally, you provide more than half the person's support. Special rules apply for children of divorced or separated parents or children receiving support from two or more people.
Marital status: Generally, a dependent can’t file a joint tax return with a spouse. The only exception is when the dependent files a joint return only to get a refund for taxes paid. If both spouses file separate returns, neither dependent nor spouse would have a tax liability.
Nationality: The person is a United States citizen; or a resident or national of the U.S., Canada or Mexico. An adopted child that is not a US citizen or resident of the US, Canada, or Mexico lives with you for the entire year.