chellt75
New Member

Foster children

Is there a way to flag my foster kids SS# so the bio can't claim them before I do? I hear once they issue the check to her, I won't ever get my refund UNLESS they can recoup it from her. And that is HIGHLY unlikely.

Deductions & credits

When did they move in with you?

Deductions & credits

To qualify as a dependent child, the child must live with you more  than half of the year,
chellt75
New Member

Deductions & credits

To clarify- the have been with me the entire year. I have provided 100% of their care for the year.
Hal_Al
Level 15

Deductions & credits

No. It is not possible to "flag" an SS #. But, it is NOT true that you they have to collect from her for you to get a refund.

This is how it works: If someone else claimed your child (including a foster child that you had for more than half the year) 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. Shortly (up to a year) thereafter, you'll receive a letter from the IRS, stating that your child was claimed on another return. It will tell you that if you made a mistake to file an amended return and if you didn't make a mistake to do nothing. The other party will get the same letter you did. If one of you doesn't file an amended return, unclaiming the child, the next letter, from the IRS, will require you to provide proof. Be sure to reply in a timely manner.

Winner gets the tax benefits; loser gets to pay the IRS back with penalties and interest.   

www.eitc.irs.gov/EITCCentral/f886-h-dep.pdf
chellt75
New Member

Deductions & credits

Thanks - but there are people in the foster care community that claim once the bio parent filed the IRS told them they were outta luck.  So I am glad to hear this. Should I just file paper to begin with?
Hal_Al
Level 15

Deductions & credits

No, try to e-file first.
You situation is better than most, as you have had them all year. But once a competing claim is filed, you'll need to prove it. It's the split year situations when biology may trump weak documentation