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My daughter has a very good friend who is 16 years old her mother has been living where ever she could live and some of the places were awfull.The dept of children services were going to put her and put her in a foster home if she did not find a place to stay. since we knew this girl for yrs we took her in she is a very sweet girl.The thing she has been living with us since the 1st of march and her mom has gave us 40.00.The question is since were taking care of her can we claim her as a dependent?

2007-08-20 07:03:33 · 6 answers · asked by lynda p 3 in Business & Finance Taxes United States

Could someone else claim her even if there not supporting her .Children services know that she is living with us and also the school.

2007-08-20 08:20:28 · update #1

Could someone else claim her even if there not supporting her .Children services know that she is living with us and also the school.

2007-08-20 08:20:33 · update #2

6 answers

They changed the rules for the 2005 tax year, so not all of these answers accurate. The answer to your question is in the Uniform Definition of a Child rules. I'm not good with url stuff but this links you to the UDC rules.

http://www.hrblock.com/taxes/tax_tips/tax_law_changes/uniform_definition_child.html?pgnavp=tlc&pgnavc=tl_bs&pgnava=tl_bs_8

Read the "full article". Child services just knowing about the child is usually not enough. They have to be "placed" by them in your home. If they agree with you that the term "placed by them" applies to, you're OK. You only have to have had them for 6 months and provide more than half of the support.
Be prepared to defend youself from the "real" mother with school documents and papers from Child Services. If she files electronically before you do, you will have to mail your return into the IRS and wait a long time for your return. Most people will e-file without the child to get back most of their return and then amend the return and wait for the extra money. A tax pro or CPA who specializes in tax prep can help you out.

2007-08-20 12:47:33 · answer #1 · answered by Patrick S 3 · 0 0

No, since she isn't related to you, she would have to live with you ALL year, so you can't claim her. But you can feel really good about what you are doing for this girl by giving her a stable home.

If she was placed with you officially BY child services or court order as a foster child, then there is some possibility that you could claim her. But if you just did a decent thing and took her in, then no.

2007-08-20 08:22:12 · answer #2 · answered by Judy 7 · 0 0

Under the circumstances you describe, you cannot claim the child as your dependent. She is not related to you, so she would have had to live with you for 12 months for you to be able to claim her.

The parent cannot claim the child since the child did not live with her for at least six months, and she and the other parent together have not not provided over half the child's support.

If chid services officially placed the child in your home it might be possible for you to claim her.

2007-08-20 11:13:15 · answer #3 · answered by ninasgramma 7 · 0 0

I believe that the child doesn't meet the relationship test that must be met in order for you to claim the child. Unless she is an eligible foster child and you are her foster parents. An eligible foster child is one placed with the taxpayer by an authorized placement agency or by judgement, decree or other order of any court of competent jurisdiction and is treated as the taxpayers child.

2007-08-20 07:23:36 · answer #4 · answered by tscgmc 2 · 0 0

She needs to be with you more than 8mths in order for you to claim her save any receipts that would help I'm having the same problem with my brother.

2007-08-20 09:03:29 · answer #5 · answered by Anonymous · 0 0

You can as long as she has been with you for more than half of this year AND no one else is claiming her.

2007-08-20 07:28:46 · answer #6 · answered by Jai 1 · 0 3

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