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Marvin,EA
Marvin,EA, Enrolled Agent
Category: Tax
Satisfied Customers: 1672
Experience:  Enrolled to Represent Taxpayers Before The IRS
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I have guardianship of 4 unrealated children. Our income for

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I have guardianship of 4 unrealated children. Our income for 2008 was $38,000. Are we eligible for the child tax credit and the EIC. The guardianship was done privately with notorized temporary legal guardianship.
Submitted: 7 years ago.
Category: Tax
Expert:  Marvin,EA replied 7 years ago.
Hello and thanks you for using Just Answer. If the children were placed with you by an authorized placement agency or by judgment, decree or other of any court of competent jurisdiction, you provided over 50% of the children support and the children lived with you for more than 6 months during the year you can claim the children as qualifying children and receive the earned income tax credit and child tax credit.
Customer: replied 7 years ago.
It was not done through the court, it was done priviately and our lawyer advised us to do a notorized temporary guardianship paper as we did not have all the relative contacts needed to do a court order.
Expert:  Marvin,EA replied 7 years ago.
The children must be placed with you by an authorized placement agency, by judgment, or other order of any court of competent jurisdiction to claim the children as qualifying children. If the children have not been placed by authorized placement agency or court order and the children lived with your for the entire year, you provided over 50% of their support and the children are not being claim by someone with higher priority under the tie-breaker rules you can claim the children as qualifying relatives. If you claim the children as qualifying relatives you cannot receive the earned income tax credit or the child tax credit, only the exemptions.
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