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jayjh97
New Member

Do I claim a foster sibling as a sibling

How do I list my foster sibling on my tax return
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8 Replies

Do I claim a foster sibling as a sibling

Only the Foster parent can claim a foster child as a dependent on their tax return.

jayjh97
New Member

Do I claim a foster sibling as a sibling

If I am claiming my parent as well do I still only claim the foster child as a dependent or are they classified as my sibling? It says a foster child is treated as a biological child but does that also mean for siblings?

Do I claim a foster sibling as a sibling

The child is not your foster child so you cannot claim them as a dependent.

jayjh97
New Member

Do I claim a foster sibling as a sibling

The child will still be my dependent, I just need to know how to list him. Other Dependent? or Sibling? For tax purposes they have you list a foster child as you would your own child so does that mean I am supposed to list this child as my sibling? Or just list him as another dependent? 

Do I claim a foster sibling as a sibling

@Opus 17 Would you care to comment on this particular situation?

jayjh97
New Member

Do I claim a foster sibling as a sibling

I called and tried to ask the actual IRS but one said it was a "Tax Law" question and then when they directed me to that department they said they were "pretty sure" I would claim them as a sibling but the difference is like $5000 and I don't want to put something in wrong and have to pay back. 

Do I claim a foster sibling as a sibling


@jayjh97 wrote:

The child will still be my dependent, I just need to know how to list him. Other Dependent? or Sibling? For tax purposes they have you list a foster child as you would your own child so does that mean I am supposed to list this child as my sibling? Or just list him as another dependent? 


Your foster sibling is an "other dependent" if they meet the rules.  

 

While the law allows a taxpayer to claim a foster child as a qualifying child dependent, the law does not allow a taxpayer to claim a foster sibling as a qualifying child dependent, and you can't create a legal relationship by linking through the parents, even if you also claim them.  The relationship test for qualifying child dependent is,

 

The child must be your son, daughter, stepchild, foster child, brother, sister, half brother, half sister, stepbrother, or stepsister, or a descendant of any of them.

 

Foster sibling is not included.  Congress would have to change the law.

 

Your foster sibling may be your qualifying relative dependent ("other dependent" in Turbotax).  However, it is important that you understand that the support test is defined differently.  To claim a person as a qualifying relative dependent, they must live in your home the entire year, have less than $4400 of taxable income, and you must provide more than half their total financial support.  That means you have to add up their total support costs (a proportionate share of joint housing costs--food, rent, utilities, repairs, insurance -- plus their individual costs for clothing, travel, entertainment, medical, education and other expenses) and figure out how much you paid and how much was paid by others (your parents, charity, foster care payments to your parents, other government assistance programs, and so on).  Even if you pay more support than anyone else, you can't claim your sibling unless you can prove you paid more than half the total support for your sibling.

 

Likewise, you have to prove you paid more than half the total financial support for your parents in order to claim them as "qualifying relative" dependents.

 

See here for rules and worksheets.

https://www.irs.gov/pub/irs-pdf/p501.pdf

jayjh97
New Member

Do I claim a foster sibling as a sibling

Thank You

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