I have a child diagnosed with cerabal palsy, does it pay to file taxes stating this?

[xmasbaby0 · Accepted solution]

Do I get a credit or deduction if my child is disabled?

If your child is older than 12 and you need to pay someone to take care of him while you work, you can say he is disabled and you can still get the childcare credit on your federal return.   Or if he is 19 or older you may still be able to claim him as a qualifying child dependent on your federal return.

Aside from those things, there is no federal tax advantage to saying that your child is disabled.   Your state tax laws might be different.

[timdon82]

Thank you very much and you have answered my question!  

[TeresaM]

If your son is an age to qualify as your dependent, then he would not be eligible for any additional credits due to disability. However, if he is otherwise qualified but past the age for the credit, then if he is permanently and totally disabled, he may continue to qualify for credits, so this may impact future planning.

The IRS states:

 A person has a permanent and total disability if both of the following apply:

• They can’t engage in any substantial gainful activity because of a physical or mental condition and
• A doctor determines their condition:
  • Has lasted continuously for at least a year or
  • Will last continuously for at least a year or
  • Can lead to death
     

You can use the IRS self-help tool to see if your son might qualify.