Where do I enter that my daughter was a former foster youth to get the earned income credit?

[ggel207556]

She passed away in January...

[NCperson · Accepted solution]

sorry for your loss..... 

if she is a dependent on your tax return, she is not elgible for EIC

if she is CAN NOT be claimed as a dependent on your tax return, there is a check box along the way on her tax return asking about the foster youth situtation.  How old was she on 12/31/21? Did she work in 2021? 

[ggel207556]

She was 18 on 12/31/21 and she did work in 2021.

[ggel207556]

I went through TurboTax and can't find the check box anywhere to indicate that she was a former foster youth.

[NCperson]

@ggel207556 - but if she didn't work, then CAN she be claimed as your dependent?....How did she support herself if she didn't work? did she live with you for more than 6 months of 2021? 

Also, the credit is an EARNED income credit; if she didn't earn wages, there is no credit.  That could be why there is no check box; it's hidden because she isn't eligible.

[ggel207556]

She did work. She lived in her apartment and shared it with a strange older man that also passed away from a heart attack about two months ago. 

[Opus 17]

I think you are confused.

You as the parent, can't claim EIC unless the child is a dependent on your tax return.  If your foster child was alive during 2021 and was under age 19, then the child can generally be claimed as your dependent if the child lived in your home more than half the year.  If your foster child was not your dependent in 2021, you can't claim EIC.

The rule for former foster children applies to the child's tax return, not the parent's tax return.  Normally, an adult must be age 19 to claim EIC in their own name.  A former foster child can claim EIC in their own name if they are 18.  This would be claimed on the child's tax return, not the parent's tax return.  Also, the child can't get EIC on their return if they are also a dependent on your return.  

If you are filing a tax return for your deceased foster child in the child's name, they would qualify for EIC as long as you answer "no, I can't be claimed as a dependent by someone else" in their personal info section.  If you answer "yes, I can be claimed as a dependent", EIC will be disabled for that person's tax return.

And as mentioned, even if the child is a former foster child, they can't get EIC on their tax return unless they have income earned from working.

If you are filing a tax return for a deceased person, you also have a bunch of other paperwork to complete.

[ggel207556]

She wasn't my foster child, she was my biological daughter. I am filing for a deceased person. She did work and has earned income. She did not live with me. I did answer "no, I can't be claimed as a dependent by someone else", so I don't understand why I'm not seeing it. I'll check again.

[NCperson]

@ggel207556 - I apologize, I midread the first time as 'not working'.

here are the age requirements:

• Be at least age 18 at the end of the tax year (usually Dec. 31)
  • The minimum age to claim the EIC is generally age 19; however, if you are a qualified former foster youth or a qualified homeless youth, you need to be at least age 18.
  • If you are a specified student (other than a qualified former foster youth or a qualified homeless youth), you need to be at least age 24.
  • https://www.irs.gov/credits-deductions/individuals/earned-income-tax-credit/who-qualifies-for-the-ea...

[Opus 17]

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@ggel207556 wrote:

She wasn't my foster child, she was my biological daughter. I am filing for a deceased person. She did work and has earned income. She did not live with me. I did answer "no, I can't be claimed as a dependent by someone else", so I don't understand why I'm not seeing it. I'll check again.

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Then why did you post the question as "where do I enter that my daughter was a former foster youth"?

Your daughter, age 18 as of 12/31/21, is not entitled to EIC on her own return for 2021, because she is not age 19 or older.  Checking the box for former foster child would qualify her for EIC, but it would be fraudulent.

[SweetieJean]

my daughter was a former foster youth

Are you asking about this:

NTA Blog: Foster & Homeless Youth May Be Eligible to Claim EITC - TAS (irs.gov)

[ggel207556]

Because I don't see any check box anywhere. I don't know why it would be fraudulent.

[ggel207556]

Yes. I just don't see any check box anywhere.