My 4 children were removed from my home back in October of last year. They will not be returned until sometime in September at the earliest. My question is, Since that would only have them living under my roof for about 3-4 months of this year, can I still claim them on my taxes as dependents. My parental rights were never taken away, they were just temperary wards of the State.
2007-07-08 09:14:26 · 6 answers · asked by rabbitmedic 3 in Business & Finance ➔ Taxes ➔ United States
Your child does not have to live with you to be your dependent. However, since your children did not live with you for six months, they cannot be your qualifying children. They would have to be "qualifying relatives."
A child who is your qualifying relative would have to have income less than $3,300 ($3,400 for 2007) (I assume this is true). In addition, you will have to have provided over half of the child's support. If you can establish that you paid over half of their support, they can be your "qualifying relatives". You will be able to take the dependency exemptions for them. You will not be able to take the Child Tax Credit, dependent care credit, or Earned Income Credit for them.
The above is true for both 2006 and 2007. If the State is supporting your children, then you cannot claim them as dependents.
2007-07-08 09:18:21 · answer #1 · answered by ninasgramma 7 · 2⤊ 1⤋
No, you won't be able to claim them this year. You probably could have claimed them for 2006 and should file an amended return for 2006 if you didn't claim them.
To claim exemptions for your children on your tax return they must live with you for more than half of the year and you must have provided more than half of their support. Neither of those requirements will be met for 2007 and therefore you will not be able to claim them as dependents. Additionally you will not be able to file Head of Household (assuming that you're single or are presumed single under the tax laws) or claim any of the credits such as Earned Income Tax Credit, the Child Tax Credit or the Additional Child Tax Credit.
2007-07-08 16:20:52 · answer #2 · answered by Bostonian In MO 7 · 1⤊ 0⤋
No they have to live with you more than half of the year so lets say 6 months and 1 day at least to claim them.
2007-07-08 16:24:20 · answer #3 · answered by Desiree S 2 · 0⤊ 0⤋
They have to live with you for morfe that 6 months and I would not try to push that since the state had them.
2007-07-09 01:28:00 · answer #4 · answered by K M 4 · 0⤊ 0⤋
you may have to pass the 50% of support test since they didn't live with you for the majority of the year. Instructions for IRS Schedule 1040, available online at irs.gov, have details.
2007-07-08 16:22:36 · answer #5 · answered by Spock (rhp) 7 · 0⤊ 1⤋
check with the IRS for the answer to Federal tax questions. 1-800-829-1040 or www.irs.gov
2007-07-08 17:57:49 · answer #6 · answered by Sassy 3 · 0⤊ 1⤋