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My son had a heart defect at birth, he was born last June, when asked if any of these apply for 2016 "was disabled" do I check yes?

 
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My son had a heart defect at birth, he was born last June, when asked if any of these apply for 2016 "was disabled" do I check yes?

My son was born with Tetralogy of Fallot, so I know what you are going through.  I wish you well.

I certainly hope that your son does not meet the IRS definition of Totally and Permanently Disabled, which is:

"Permanently and totally disabled. Your child is permanently and totally disabled if both of the following apply.

He or she can't engage in any substantial gainful activity because of a physical or mental condition.

A doctor determines the condition has lasted or can be expected to last continuously for at least a year or can lead to death."

In truth, as long as a child is under age 13, it doesn't matter whether you indicate disabled or not.  There is no special tax treatment for a child under 13 just because that child is determined to be disabled.

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