[Havebigheart]

Weird question! Do you claim foster-to-adopt children as dependants on your income tax return? TPR has already happened.

[605orange]

It is my understanding that so long as you have provided for them for atleast 1/2 of the year, you can claim them. We are planning on claiming our pre-adoptive kiddos. Not foster-to-adopt, but pretty close to your scenario.

Fortunately, our placement date was June 30th, so we qualify for 1/2 of the year. (It's a decent chunk of change.)

[henderfive]

I agree we claimed ours. It really helps!!!!!
Henderfive

[BZmom7]

We have been able to claim our foster children on our taxes every year they have been with us. They came to us in April 06 and we claimed them on our 06 taxes. As long as you have taken care of them for 6 months or more...you can claim them...even if they haven't been TPR'd. My husband does all our taxes on Turbo Tax and I think theres a spot someplace on there to check "foster children" or something like that.

If you really want to make sure...call your cw and ask.

Good Luck!

[dreamangel]

When we got our kids they day we went to get them and sign the paperwork the supervisor stated we can't claim them on our taxes BUT I have heard so many do it and on Turbo Tax there is a place for a foster child, so I am claiming them.

[hkolln]

Originally Posted by Havebigheart

Weird question! Do you claim foster-to-adopt children as dependants on your income tax return? TPR has already happened.

Were they with you more then 6 months during the last year? Then yes you can. BTW: You can also claim foster children too if they meet the requirements. We were able to claim our daughter last year because she moved with us on June 27th and that made her here in our home more then 6 months last year.

[cag4nyg]

only reason we did not claim our sone on our last taxes is because we did nto have a SSN for him, dpss said he did not have one, then when we went tdown to file for one after it was final we found out he did have one, but had already filed for the year.

[akcskye]

Now, I was told, and this is what was done on our taxes the first time...

If you have children in your home whose case plan is adoption, even if you brought them home December 31st at 11:59 p.m., it counts as a biological child (like you had just given birth) tax speaking, and you're able to claim them on your taxes for that year, but you will not be able to claim the adoption tax credit until the year you finalize.

Our kids moved home in August 2006 (not 6 months, obviously), and we were able to claim them as dependants on our 2006 tax return because it was an adoptive placement...just not the ATC until the 2007 taxes, the year they finalized.

[hkolln]

Originally Posted by akcskye

If you have children in your home whose case plan is adoption, even if you brought them home December 31st at 11:59 p.m., it counts as a biological child (like you had just given birth) tax speaking, and you're able to claim them on your taxes for that year, but you will not be able to claim the adoption tax credit until the year you finalize.

We finalized our adoption in July this year so we get to take the entire adoption tax credit as she's considered special needs according to the IRS YEAH!
Sure helps alot Especially when we spent alot on travel expenses the past few years!

[Mom2blessings]

Okay, my husband and I are trying to figure this one out. According to the IRS, you can claim your foster child if they pass the four tests:

Quoting from the IRS website...
"In general, to be a taxpayer’s qualifying child, a person must satisfy four tests:

• Relationship — the taxpayer’s child or stepchild (whether by blood or adoption), foster child, sibling or stepsibling, or a descendant of one of these.
• Residence — has the same principal residence as the taxpayer for more than half the tax year. Exceptions apply, in certain cases, for children of divorced or separated parents, kidnapped children, temporary absences, and for children who were born or died during the year.
• Age — must be under the age of 19 at the end of the tax year, or under the age of 24 if a full-time student for at least five months of the year, or be permanently and totally disabled at any time during the year.
• Support — did not provide more than one-half of his/her own support for the year. "

1.) My question is how do I prove that we provided more than half their support?

2.) We receive a per diem check for them so does that count as "providing his/her own support" for half the year? We do not keep up with all of our mileage, meals bought, etc.

[DianeS]

Originally Posted by Mom2blessings

....1.) My question is how do I prove that we provided more than half their support?

You don't have to prove that. The IRS only cares that THE CHILD didn't provide his own support money, they don't care who else might have provided most or all of it, including foster parents.

2.) We receive a per diem check for them so does that count as "providing his/her own support" for half the year? We do not keep up with all of our mileage, meals bought, etc.

Nope, that counts as the agency providing it. Again, the IRS only cares that THE CHILD didn't provide his own support money, they don't care who else might have provided most or all of it, including an agency.

So, if the child doesn't have a job, or an inheritance, or anything else like that, you're in the clear on the support test.

If you think about it, there are a LOT of things you don't have to prove on your tax papers. You don't have to prove a child lacks his own money. You don't have to prove you listed all your income. You don't have to prove you lack rental properties. Etc. So it's OK to leave this one up in the air too. If the IRS has questions, they'll ask. But it's an unusual 6 year old who provides anything at all towards his own support!

[minerva]

Has anyone ever run into the problem of a bioparent filing and attempting to claim their child, even though they did not provide support to them for most of the year?

We've had our foster child since May 19th, so she was in our care for more than 6 months. And as far as I know, biomom was not working during the earlier part of that year, and she is not working now. However she did have a job for about a hot minute (maybe a week or two, max) so I know she did not even make enough income in 2008 where she would even need to file. Plus she has no permanent address - she has any important paperwork sent to her mother's (FD's grandmom) but she doesn't actually live there. And on top of all of that, she is ordered by DSS to pay child support, to DSS!

You would think with all of this, I would not feel nervous about claiming FD on our taxes, but I still have a suspicion biomom would try to claim anyhow. Grandmom told us how she filed her 2007 taxes and got a huge amount (baby was born in Oct 07) so considering she's not really wanting to work and likes having money (really, who doesn't!), I'm just expecting it.

But if she files first (she may have already filed, for all I know) would WE get into trouble? Would we even be able to file if she already has? Would this create a big headache with IRS? I'm not sure if she even remembers the baby's SSN, but I know she could get it from grandmom. So confusing.

[hkolln]

Originally Posted by Mom2blessings

• Support — did not provide more than one-half of his/her own support for the year. "

1.) My question is how do I prove that we provided more than half their support?

You don't have legal custody of the child therefore you don't have to prove this. The state has legal custody...you just have physical custody right now. I wouldn't worry about this one and it pertains to the child supporting themselves (IE did they have a job where they supported them selves at least 1/2? Probably not). You should qualify if the child has lived in your home more then 6 months out of the year you are filing your taxes on.

[fostapeepz]

Actually, we were told 6 months and 1 day - you have to have them MORE than 1/2 of the year. Also, we were told to keep all reciepts (or atleast be able to show expenses such as grocery etc..). Because in the event there is a concern, you may be required to show proof that you did in fact provide more than half of their support. We own our home, but we were told that we could take in to account what rent for a home such as ours would cost, and then divide it by the household members, to equate the portion that would have been spent on rent for that child, etc... So even though we don't pay rent - the amount that would be spent can be counted as support.

minerva - we were told to file our taxes as quickly as possible to avoid that very situation. In the case of our fosterteen, the father asked us, so we were fine. But we were warned that bio-parents do sometimes try to claim their children, even if they weren't in the home. If they get their taxes filed first, the deduction will automatically go to them, and you will be flagged. Then you have to prove your claim, and it's probably a big mess.

[Mkap]

what if the child was born August 3rd and has been with us since birth??? Can we claim her?