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RD
RD, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 8784
Experience:  CPA, MBA, Over 10 yrs of experience in tax planning and business consulting..
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Can I claim my disabled son as a dependent

Resolved Question:

My son, 17, was placed in a group home for developmentally disabled children. He will have lived there more than 6 months this year. Hopefully he can return to live at home at some point. I believe IRS Pub 501 says there are some exceptions to the 6 mo. requirement. I pay the State of California Dept of Devopmental Svcs $591 per month as my share of the costs. This is more than 50% of his general living expenses referenced by the IRS as calculated on the form in Pub. 501, but is less than 50% of the cost of care provided for him at the home. No one else can claim him as a dependent. Can I claim him as a dependent?
Submitted: 10 years ago.
Category: Tax
Expert:  RD replied 10 years ago.

As per the new rules - in order to claim the child as your dependent, the child should not be providing more than 50% of his support. In your case your child is not providing his own support. So you should be able to claim him as your dependent.

Detailed explanation below-

To be claimed as a qualifying child, the person must meet following criteria:

Relationship - the person must be your child, step child, adopted child, foster child, brother or sister, or a descendant of one of these (for example, a grandchild or nephew).

Residence - for more than half the year, the person must have the same residence as you do. (More than half a year means, at minimum, six months and one day.)

Age - the person must be

  • under age 19 at the end of the year, or
  • under age 24 and a be a full-time student for at least five months out of the year, or
  • any age and totally and permanently disabled.

Support - the person did not provide more than half of his or her own support during the year.

AND

Nationality - be a U.S. citizen or national, or a resident of the U.S., Canada or Mexico. There is an exception for certain adopted children.

Marital status - if married, did not file a joint return for that year, unless the return is filed only as a claim for refund and no tax liability would exist for either spouse if they had filed separate returns.

Let me know if you have any question. Bonus and Feedback will be highly appreciated!!!

 

[email protected]

 

Please note: This advice is provided with the understanding that all the relevant facts have been provided by you. Any change in facts might affect the advice given and hence may not be relied on in such cases.

Customer: replied 10 years ago.
Reply to Renu V's Post: Thanks for the answer re support. I also asked about the fact that he has lived in the group home for more than 6 months. My understanding from Pub 501 re: temporary absences, is that it can be considered that he lived with me the entire year under certain circumstances such as if he were living in a nursing home. Would this apply to his situation? I will accept if would answer this part. Thanks!!
Expert:  RD replied 10 years ago.

To meet the residency test, your child must have lived with you for more than half of the year. There are exceptions for temporary absences, children who were born or died during the year, kidnapped children, and children of divorced or separated parents.

Temporary absences. Your child is considered to have lived with you during periods of time when one of you, or both, are temporarily absent due to special circumstances such as:
  • Illness,

  • Education,

  • Business,

  • Vacation, or

  • Military service.

Since your child is away due to illness, you will be covered under temporary absences and claim him as your dependent.

Let me know if you have any question. Bonus and Feedback will be highly appreciated!!!

 

[email protected]

 

Please note: This advice is provided with the understanding that all the relevant facts have been provided by you. Any change in facts might affect the advice given and hence may not be relied on in such cases.

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