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emc011075
emc011075, Tax adviser
Category: Tax
Satisfied Customers: 2319
Experience:  IRS licensed Enrolled Agent and tax instructor
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I would like to know if there are stipulations to claiming

Customer Question

I would like to know if there are stipulations to claiming one's grandchildren if the parents consent to it. Thank you.
Submitted: 10 months ago.
Category: Tax
Expert:  emc011075 replied 10 months ago.

Hi. My name is ***** ***** I will be happy to help you.

To claim your grandchildren as your dependents you need more than just parent's consent. You need to meet certain tests to qualify:

Relationship test: grandchildren qualify - you meet the test

Age test: the child must be younger than 19 or 24 if full time student

Residency test: the child must live with you for more than 6 month in the same household

Joint test: the child cannot file a joint tax return with a spouse (if married)

How long the children lived with you? I am assuming they are younger than 19 and not married.

Customer: replied 10 months ago.
they are toddlers. I have successfully claimed them for three years. They do not live with me but spend a lot of days and nights at my house and I do provide a lot of financial support.
Expert:  emc011075 replied 10 months ago.

Yes, you can claim them if they spend more than 183 nights (equivalent of 6 month) with you. However, you may have an issue to prove it in case of audit. IRS will be looking for some type of proof that children live with you. Things they will be looking for would be address on medical bills, insurance documents, day care/preschool records, something that has children's name and your address.

Expert:  emc011075 replied 10 months ago.

If you pay, for instance for their doctor's visits I would suggest to use your address. Only noncustodial parent (in case of divorce or parent's separation or living apart) can claim the child as a dependent without meeting the residency test, meaning, the child doesn't have to physically live with him or her. In all other cases, IRS will ask for residency proof.

Jo, I see you offline now. So if this answered your question, please take a moment to rate my response so that I may receive credit for assisting you today. You find the rating bar on the top of the page – 5 stars. However, if you need clarification, or want to discuss this issue further, let me know. Thank you.

Expert:  emc011075 replied 10 months ago.

I see you read my respond. Do you have any questions? Is there anything else I can help you with today?

And if this answered your question, please take a moment to rate my response so that I may receive credit for assisting you today. You find the rating bar on the top of the page – 5 stars. However, if you need clarification, or want to discuss this issue further, let me know. Thank you.

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