Foster child place by state.
Born end of May 2020
Placed with us Jun 2020
Moved to new placement (extended family) Oct 2020
Lived:
-Parents: 1 Month
-Us: 5 Months
-Extended Family: 2 Months
Who can claim the foster child?
You'll need to sign in or create an account to connect with an expert.
According to the IRS rules, the child must live with the taxpayer for more than 6 months of the year in the US to be claimed as a dependent.
In this case, nobody can claim the child as a dependent.
I understand the 6 month, however, I also found this:
Source: https://www.irs.gov/publications/p17#en_US_2020_publink10008407
Note the "exceptions" section posted in Red. It would seem to me this indicates that 5 months in one home for an 8 month old (at the end of the year) qualifies the child for the residency portion of the CTC.
Am I reading the IRS site wrong?
<<<<<<<<<<< From the above site >>>>>>>>>>>>>>
Child Tax Credit (CTC)
The CTC is for individuals who claim a child as a dependent if the child meets additional conditions (described later).
Note.
This credit is different from and in addition to the credit for child and dependent care expenses and the earned income credit that you may also be eligible to claim.
The maximum amount you can claim for the credit is $2,000 for each child who qualifies you for the CTC. But, see Limits on the CTC and ODC , later.
For more information about claiming the CTC, see Claiming the CTC and ODC , later.
Qualifying Child for the CTC
A child qualifies you for the CTC if the child meets all of the following conditions.
Example.
Your son turned 17 on December 30, 2020. He is a citizen of the United States and you claimed him as a dependent on your return. You can't use him to claim the CTC because he was not under age 17 at the end of 2020.
If your child is age 17 or older at the end of 2020, see Credit for Other Dependents (ODC), later..
Adopted child.
An adopted child is always treated as your own child. An adopted child includes a child lawfully placed with you for legal adoption.
If you are a U.S. citizen or U.S. national and your adopted child lived with you all year as a member of your household in 2020, that child meets condition (7), earlier, to be a qualifying child for the child tax credit (or condition (3), later, to be a qualifying person for the ODC).
Exceptions to time lived with you.
A child is considered to have lived with you for more than half of 2020 if the child was born or died in 2020 and your home was this child's home for more than half the time he or she was alive. Temporary absences by you or the child for special circumstances, such as school, vacation, business, medical care, military service, or detention in a juvenile facility, count as time the child lived with you.
There are also exceptions for kidnapped children and children of divorced or separated parents. For details, see Residency Test in chapter 3.
@ellistonj wrote:
I understand the 6 month, however, I also found this:
Source: https://www.irs.gov/publications/p17#en_US_2020_publink10008407
Note the "exceptions" section posted in Red. It would seem to me this indicates that 5 months in one home for an 8 month old (at the end of the year) qualifies the child for the residency portion of the CTC.
That is true for a child born in 2020. A child born anytime in 2020 (even Dec 31) is deemed to have lived with you the entire year. In the case of a new born that lived in two homes. it is the one that they lived in the longest after birth.
Thanks. Looks like TurboTax does not handle this situation correctly. The program will only allow the child to be counted if the number of months is greater than 6 when the conditions are a little more complex than a simple 6 month residency.
@ellistonj wrote:
Thanks. Looks like TurboTax does not handle this situation correctly. The program will only allow the child to be counted if the number of months is greater than 6 when the conditions are a little more complex than a simple 6 month residency.
In the dependent interview you select the "Whole year". TurboTax help even tells you that.
In this case the child was NOT in our home the entire year after birth but was in our home more than any other home AND was in our home for over half the child's life.
The logic for TurboTax to figure it out is easy but is missing. TurboTax is all about not having to know the difficult IRS rules but it is missing the logic to figure this out properly.
Still have questions?
Questions are answered within a few hours on average.
Post a Question*Must create login to post
Ask questions and learn more about your taxes and finances.
broganjulia1
New Member
ferreira
New Member
dshorter505
New Member
5VUWildcats
Returning Member
corey-meisenzahl
New Member