Hello,
I have a foster child that was living with me for over 1 year, I filed him on our taxes last year 2019. However, this year they took him way on Feb 28, 2020. Now, they returned him back to me on August 18th, 2020.
My question is...Can I still file him on my 2020 income taxes even though was not 6 months and 1 day on consecutive months? Thank You!
You'll need to sign in or create an account to connect with an expert.
Probably not. I doubt that you could justify the removal from yiu custody a "temporary absence" that counts at time lived with you . It is defined as:
Temporary absences.
You and your qualifying person are considered to live together even if one or both of you are temporarily absent from your home due to special circumstances, such as illness, education, business, vacation, military service, or detention in a juvenile facility. It must be reasonable to assume the absent person will return to the home after the temporary absence. You must continue to keep up the home during the absence.
It depends on the exact circumstances. If you want to pursue it I suggest you consult with a tax professional or tax attorney that deals with foster children and knows the laws of your state as they apply to foster care.
The months don't need to be consecutive ... read the rules in pub 501.
https://www.irs.gov/pub/irs-pdf/p501.pdf
IRS interview to help determine who can be claimed:
https://www.irs.gov/help/ita/who-can-i-claim-as-a-dependent
https://ttlc.intuit.com/questions/3113432-who-can-i-claim-as-my-dependent
You can claim a child, relative, friend, or fiancé (etc.) as a dependent on your 2018 taxes as long as they meet the following requirements:
Qualifying child
Qualifying relative
When you add someone as a dependent, we'll ask a series of questions to make sure you can claim them.
*** Residency Test
To meet this test, your child must have lived
with you for more than half the year. There are
exceptions for temporary absences, children
who were born or died during the year, kidnapped children, and children of divorced or separated parents.
Temporary absences. Your child is considered to have lived with you during periods of
time when one of you, or both, are temporarily
absent due to special circumstances such as:
• Illness,
• Education,
• Business,
• Vacation,
• Military service, or
• Detention in a juvenile facility
Still have questions?
Make a postAsk questions and learn more about your taxes and finances.
el501
New Member
ba4f97382165
New Member
Adriannac92
New Member
Oakleigh
New Member
Shaineg6
Level 1
Did the information on this page answer your question?
You have clicked a link to a site outside of the TurboTax Community. By clicking "Continue", you will leave the Community and be taken to that site instead.