She cannot. To confirm that you can, see irs.gov and complete the dependent questionnaire. Best of luck to you. If this answer was helpful or the best answer, please mark it accordingly. Thank you.
This response is not intended to create an attorney client relationship. The response is solely intended to answer the question presented. Additional facts and issues are unknown to the responding attorney. Should you still have questions, legal assistance should be sought by making an appointment to meet with an attorney, rather than attempting to resolve the issue via e mail. This response is merely provided to give direction to assist you in the decision of whether you should contact an attorney or not. If this answer is helpful, or is the best answer please mark it accordingly. Good luck.
You may get someone with knowledge about Saudi Arabian tax law to answer you on here, but that is certainly not me.
I strongly suggest that if you need further assistance with custody that you get an attorney to help you protect yourself.
The IRS Code determines who can claim a child as a dependant. I am not a tax attorney. But it is my understanding as well that the person who has had the child for the majority of the year is the one who can claim him. It is my understanding that if she had the child for the majority of the year she would not need your permission to claim him on her taxes.
This does not establish an attorney/client relationship
It is unclear from your question if you are referring to her claiming him on a Saudi Arabia tax return or if you are referring to her claiming him on a US return while she resides in Saudi Arabia. If you are referring to a Saudi Arabia tax return, you need to ask a professional in Saudi Arabia. I suspect that although that is how your question seems to read, that is not what you mean. I suspect you are referring to her ability to claim your son on a US tax return while she lives in Saudi Arabia. If that is the case, you need to contact a tax professional (either a tax attorney or CPA). It is not really a question for a family law attorney.
Based upon the facts presented, your sister is not entitled to claim your son on a U.S. Income Tax Return.
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