Can someone claim a child that doesn't live with them?

Yes. The person doesn't have to live with you in order to qualify as your dependent on taxes. However, the person must be a relative who meets one of the following relationship test requirements: Your child, grandchild, or great-grandchild.
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Can you let someone else claim your child?

Claiming a Child on Taxes That Is Not Yours

To claim a qualifying child as a tax dependent, the child has to be a U.S. citizen, a legal resident or a resident of Mexico or Canada. The child also can't be claimed as a dependent by anyone else, and in most cases, she can't file a joint tax return with someone else.
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What is the penalty for claiming a child that is not yours?

Civil Penalties

If the IRS concludes that you knowingly claimed a false dependent, they can assess a civil penalty of 20% of your understood tax. However, if the IRS believes that you have committed fraud on your false deduction, it can assess a penalty of 75% to your understood tax.
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How does the IRS determine who claims a child?

If the child lived with the payer for the greater part of the year, then the payer is the custodial parent for federal income tax purposes. The custodial parent is generally the parent entitled to claim the child as a dependent under the rules for a qualifying child if the other tests for claiming the child are met.
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Who has the right to claim a child?

You can claim a child as a dependent if he or she is your qualifying child. Generally, the child is the qualifying child of the custodial parent. The custodial parent is the parent with whom the child lived for the longer period of time during the year.
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Claiming a Dependent on Taxes! (How To Claim Someone Who Doesn't Live With You



What happens if someone else claims your child on their taxes?

Answer when the IRS contacts you

You may receive a letter (CP87A) from us, stating your child was claimed on another return. It will explain what to do, either file an amended return or do nothing. The other person who claimed the dependent will get the same letter.
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What happens if other parent claims child on taxes?

If you do not file a joint return with your child's other parent, then only one of you can claim the child as a dependent. When both parents claim the child, the IRS will usually allow the claim for the parent that the child lived with the most during the year.
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Can you get audited for claiming a child?

The IRS will first attempt to determine which taxpayer isn't entitled to claim the dependent. It will send an audit notice to that individual. The IRS will randomly select one of the tax returns for an audit or send notices to both taxpayers if it can't determine on its own which taxpayer is eligible.
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How do I prove my child lives with me for taxes?

Birth certificates or other official documents that show you are related to the child you claim. You may have to send copies of more than one person's birth certificate.
...
Official school records must include:
  1. The child's home address. ...
  2. The dates the child went to the school.
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What proof does the IRS need to claim a dependent 2020?

The dependent's birth certificate, and if needed, the birth and marriage certificates of any individuals, including yourself, that prove the dependent is related to you. For an adopted dependent, send an adoption decree or proof the child was lawfully placed with you or someone related to you for legal adoption.
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Can my boyfriend claim my child on his taxes?

You cannot.. Look at the answer above where it states " If not an actual relative, they must live with the person claiming them all 365 days of the year." A girlfriend and her children are not relatives.
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Can my sister claim my child on her taxes?

If your sister is your dependent, she can't claim any dependents of her own, including her child. If you can't claim your sister as a dependent, she'll be able to claim dependents and can likely claim her child as a dependent.
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Can I sue my ex for claiming child on taxes?

Yes, you can do that but you don't want to. 2. If you are the custodial parent and If someone else claimed your child inappropriately, and if they file first, your return will be rejected if e-filed. You would then need to file a return on paper, claiming the child as appropriate.
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What happens if two people claim the same dependent?

What happens if both parents claim the dependent on their tax return and submit it to the IRS? Their tax returns will both be rejected if both parents submit them claiming the same child. One or both parents will then have to amend their returns.
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Can my ex wife's boyfriend claim my child?

Generally no, your former wife's boyfriend cannot claim minor children that are not his, but it depends on the circumstances.
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Who can claim a dependent?

The IRS defines a dependent as a qualifying child under age 19 (or under 24 if a full-time student) or a qualifying relative who makes less than $4,300 a year (tax year 2021). A qualifying dependent may have a job, but you must provide more than half of their annual support.
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How long does a child have to live with you to claim them on your taxes?

DON'T claim a child that has lived with you for less than six months of the year. Unless the child was born within the tax year, the child must have lived with you at least six months of the tax year to fall under the qualifying child rules.
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What do I do if someone else claimed my child?

If someone else claimed your child inappropriately, and if they file first, your return will be rejected if e-filed. You would then need to file a return on paper, claiming the child as appropriate. The IRS will process your return and send you your refund, in the normal time.
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What happens if the noncustodial parent claims child on taxes without permission?

In the case of a noncustodial parent claiming a child on their taxes without permission, you or your spouse may be required to file an amended return.
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What triggers an IRS audit?

Tax audit triggers: You didn't report all of your income. You took the home office deduction. You reported several years of business losses. You had unusually large business expenses.
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Can 2 parents claim the same child on taxes?

Each parent may claim one of the children for all of the child-related benefits for which the parent otherwise qualifies. If both parents claim the same child for child-related tax benefits, the IRS applies a tiebreaker rule.
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What are the red flags for IRS audit?

17 Red Flags for IRS Auditors
  • Making a Lot of Money. ...
  • Failing to Report All Taxable Income. ...
  • Taking Higher-than-Average Deductions. ...
  • Running a Small Business. ...
  • Taking Large Charitable Deductions. ...
  • Claiming Rental Losses. ...
  • Taking an Alimony Deduction. ...
  • Writing Off a Loss for a Hobby.
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Can I claim head of household if my ex claimed my child?

You don't have to have a dependent claimed on your return in order to file as a Head of Household (HoH). You still may be able to file using the status even if the other parent claims the child as a dependent. HoH status can be claimed by the parent who has custody for more than half of the year.
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Which parent should claim child on taxes to get more money?

For tax purposes, the custodial parent is usually the parent the child lives with the most nights. If the child lived with each parent for an equal number of nights, the custodial parent is the parent with the higher adjusted gross income (AGI).
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Will the IRS tell you who claimed your child?

The IRS won't tell you who claimed your dependent. Usually, you can identify the possibilities and ask (commonly, a former spouse). But if you don't suspect anyone who could have claimed the dependent, your dependent may be a victim of tax identity theft.
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