My husband has been incarcerated in 2023 but worked at a job when he entered the halfway house. This is his only income in 2023. Can I still receive the Child care tax credit? Can I file online or does it need to be on paper i.e. is there a question that regards that?
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Are you filing a joint tax return with your spouse? Did you have your own income earned from working?
What income can the two of you enter on a joint tax return?
Yes, I will be filing jointly. I have plenty of income from my hospital job and he has only income received while incarcerated at the halfway house. That is the only income we will file
If you are filing a joint return you must enter all of your combined income on that return. When you claim the childcare credit on a joint return you have to be able to show income from both spouses unless one of the spouse is a student or is disabled.
Whether you can claim the Child Tax Credit depends on several qualifying requirements.
To claim the Child Tax Credit for 2024, 2023, 2022, 2020, and earlier tax years, you must determine if your child is eligible.
All of these seven qualifying tests have to be met:
1) Age test - For these tax years, a child must have been under age 17 (i.e., 16 years old or younger) at the end of the tax year for which you claim the credit.
2) Relationship test - The child must be your own child, a stepchild, or a foster child placed with you by a court or authorized agency. An adopted child is always treated as your own child. ("An adopted child" includes a child lawfully placed with you for legal adoption, even if that adoption is not final by the end of the tax year.) You can also claim your brother or sister, stepbrother or stepsister. And you can claim descendants of any of these qualifying people—such as your nieces, nephews and grandchildren—if they meet all the other tests.
3) Support test - To qualify, the child cannot have provided more than half of his or her own financial support during the tax year.
4) Dependent test - You must claim the child as a dependent on your tax return. Bear in mind that in order for you to claim a child as a dependent, your child has to:
5) Citizenship test - The child must be a U.S. citizen, a U.S. national or a U.S. resident alien. (For tax purposes, the term "U.S. national" refers to individuals who were born in American Samoa or in the Commonwealth of the Northern Mariana Islands.)
6) Residence test - The child must have lived with you for more than half of the tax year for which you claim the credit. There are important exceptions, however:
7) Family income test - The Child Tax Credit is reduced if your modified adjusted gross income (MAGI) is above certain amounts, which are determined by your tax-filing status:
Your husband's income will be included on your joint return with your income.
You qualify for the full amount of the 2023 Child Tax Credit for each qualifying child if you meet all eligibility factors and your annual income is not more than $200,000 ($400,000 if filing a joint return).
Parents and guardians with higher incomes may be eligible to claim a partial credit.
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