Thank you for using justanswer. In general, your child (or fosterchild) must be your dependent in order for you to claim the child care credit. You may however claim the child care credit if you would have been otherwise entitiled to the exemption for the child, but chose to fill out Form 8332 (Rev. September 2007) allowing the non custodial parent to claim the exemption and the child tax credit . In this scenario, although you would not get the child as an exemption, you would still be able to claim the child care expenses.
I hope this helps
Please see below for more in depth information.
2008 Form 2441 Child and Dependent Care Expenses
unreimbursed out-of-pocket expenses to feed, clothe, and care for the foster child". Do all of the day care expenses get input as a donation or as care of a non-dependent?
You stated you were not claiming the fosterchild as your dependent, and you wanted to know if you could claim the child care credit,but maybe we should start back at the beninning ok? Are you not claiming the child as a dependent because the child didn't live with you for at least 6 months and the biological parents are still allowed to claim him/her? Is it because the child provides more than 50% of his or her own support thru government payments, such as social security? Was this child placed with you by the state? Were you by any chance referring to a foreign exchange student that may be staying with you?
Once I get a clearer understanding of your specific situation, I'll be in a much better position to help you.
My wife and I are foster parents and have different children in our home for periods of time, none of which has been more than 5 months at this point (this is our first year). These children were all able to go back to their biological parents.
Family services does supply a "voucher" for child care if the foster mother and father both work (like us), however there is a $ amount limit for those vouchers. If the foster parents make too much, there is no voucher, we must pay for it. These are unreimbursed expenses for the benefit of the agency.
These child care costs would be on 4 different children that we have had in our home this year, none of which was here long enough for us to claim as a dependent.
Does that help?
Thank you for that clarification.
You may deduct your out of pocket expenses for providing fostercare as part of your itemized deductions on 2008 Form 1040 (Schedules A ) as long as you are
not in the trade or business of providing foster care, you had no profit motive in providing the care, and in fact you did make any profit, and your unreimbursed out-of-pocket expenses in caring for a foster child were mainly to benefit an organization qualified to receive deductible charitable contributions,. (Meaning they are already established as a recognizied charity by the IRS.
Please see below:
Foster care payments and expenses