Can i claim my grandson if hes living with me and one of the parents

[georgesT]

You can claim a child, relative, friend, fiancé (etc.) as a dependent on your 2017 taxes as long as you meet IRS requirements.

See the following answer to FAQ on dependent eligibility:

https://ttlc.intuit.com/replies/5187060

[Georgia1]

Can someone help me I field feb 20th finally got a advocate in Oct 2018 she called me Oct 22nd and told me there was a law that i can't file my grandson that has lived with me almost 3 years because his mother that don't live with us made more than me is this true

[macuser_22]

@Georgia - There must have been some kind of mis-understanding since a parent that did NOT live with the child for at least half the year cannot claim the child as a qualifying child unless the other parent did live with the child and released the exemption to the parent that did not live with the child.   If neither parent lived with the child for at least half the year then neither parent can claim the child as a qualifying child.  If the child lived with you for more than half the year then only you can claim the child.  (Assuming that the child is under age 19 or 24 if a full time student).

See IRS Pub 17 page 26 for the Qualifying Child rules.
<a rel="nofollow" target="_blank" href="https://www.irs.gov/pub/irs-pdf/p17.pdf">https://www.irs.gov/pub/irs-pdf/p17.pdf</a>

[Georgia1]

Thank you my grandson has lived with me over 2yrs and I had to get a advocate because they still haven't released my 2017 tax funds , she called and told me I wont get eic are can't claim him as a dependent , then she called and said I can claim him his eic and as dependent  I'm so confused,  they first said that I can't because my daughter made more than me mind you my daughter dont live with us  my grandson her son ,   my advocate said she turned in a referral , so they can make a decision. They have messed up so bad that even after I put a 1040x in they still have my numbers wrong they have adjusted it with the same numbers , I'm so pissed I should be hearing something by Nov.2nd 2018 , it's almost time to  file 2018 this has been along process feb20th = Nov.2nd

[macuser_22]

@Georgia - Either the tax advocate does not understand the situation or the situation is not as you stated.

Because you are not the poster that started this thread and your circumstances are different than the original question, I suggest that you start your own question.   I am closing this thread since it has wandered off-topic from the original question.

The only time the tie-breaking rules (whose income was higher) apply is when two tax payers both meet the requirements to claim a Qualifying Child and cannot decide between themselves who will claim.

To meet the requirements to claim a Qualifying Child the residency test says: "3.The child must have lived with you for more than half of the year.2"

[footnote 2 says: "2-There are exceptions for temporary absences, children who were born or died during the year, children of divorced or separated parents (or parents who live apart), and kidnapped children."
IRS Pub 17 <a rel="nofollow" target="_blank" href="https://www.irs.gov/pub/irs-pdf/p17.pdf">https://www.irs.gov/pub/irs-pdf/p17.pdf</a> page 26-27

You say the child has lived with you for 3 years and not with the mother at all, so the mother cannot meet the residency test and CANNOT claim the child as a Qualifying Child. (The footnote 2 exceptions do not apply since this is not temporary absence and you are not one of the divorced or separated parents).

The other way for a parent to claim a child is as a Qualifying relative which does not require that the child live with the parent at all, but to do that, the parent must 1) provide more than half of the child's total support for the year, AND 2, more important, the child CANNOT be the Qualifying Child of any other taxpayer.  Since the child can be YOUR Qualifying Child, the parent fails both tests 1 & 2 the parent cannot claim the child at all if the facts are as you state..

That is basic tax law and anybody claiming to be a tax advocate should be well aware of the basic dependent requirements.  

I say again, that there seems to be a mis-understanding or disconnect between you and whoever you have been talking to.