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pxmcmul
New Member

Can I claim my grandchild for the 6 months she lived with me Mother is not claiming her this year but did receive child tax credit for the months that stayed with her

last year! I have claimed her in prior years
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2 Replies
Vanessa A
Employee Tax Expert

Can I claim my grandchild for the 6 months she lived with me Mother is not claiming her this year but did receive child tax credit for the months that stayed with her

Possibly.  If your grandchild meets the criteria below and neither of her parents are claiming her, then yes, you can claim her as a dependent on your return. 

 

The following criteria must be met to claim someone as a qualifying child:

  • Your child (including adopted and foster children), your sibling, or a descendent of any of them.
  • Age 18 or younger at the end of the tax year OR under 24 (and younger than you and your spouse) if they are a full-time student
  • Lived with you for more than 6 months during the tax year
  • They did not provide more than half of their own support
  • They did not file a joint return, unless it was to claim a refund
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Hal_Al
Level 15

Can I claim my grandchild for the 6 months she lived with me Mother is not claiming her this year but did receive child tax credit for the months that stayed with her

Q. Can I claim my grandchild for the 6 months she lived with me?

A.  Yes.  You cannot claim a dependent for part of the year.  It's the whole year, or not at all,  Since the child lived with you for more than half the year and the mother is not claiming the child, you can claim her.  All the rules must be met.

 

There are two types of dependents, "Qualifying Children"(QC) and Other ("Qualifying Relative" in IRS parlance even though they don't have to actually be related). There is no income limit for a QC but there is an age limit, student status, a relationship test and residence test. Only a QC qualifies a taxpayer for the Earned Income Credit and the Child Tax Credit. They are interrelated but the rules are different for each.

The support test is different for each type. The support test, for a QC, is only that the child didn't provide more than half his own support. The support test for a Qualifying Relative is that the taxpayer provided more than half the relative's support.

.A child closely related (grandchild counts) to a taxpayer can be a “Qualifying Child (QC)” dependent, regardless of the child's income, if:

  1. He is under age 19, or under 24 if a full time student for at least 5 months of the year, or  is totally & permanently disabled
  2. He did not provide more than 1/2 his own support
  3. He lived with the relative (including temporary absences) for more than half the year
  4. He is younger than the relative (not applicable for a disabled child)
  5. If the child meets the rules to be a qualifying child of more than one person, you must be the person entitled to claim the child as a qualifying child (this essentially means that you have the parent’s permission to claim the child, if the child also lived with the parent more than half the year)
  6. If the parents of a child can claim the child as a qualifying child but no parent so claims the child, no one else can claim the child as a qualifying child unless that person's adjusted gross income (AGI) is higher than the highest AGI of any of the child's parents who can claim the child.

See full dependent rules at: https://turbotax.intuit.com/tax-tools/tax-tips/Family/Rules-for-Claiming-a-Dependent-on-Your-Tax-Ret...

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