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I have been taking care of 2 children since 2008 in my house…

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I have been taking...

I have been taking care of 2 children since 2008 in my house hold but they are not legally mine the mother dumped them on me back then and has not wanted them back I tried to claim them on my 08 income taxes but was rejected is there anything I can do that wont be long and drawn out to claim these children on my taxes staring back with 08

Submitted: 6 months ago.Category: Tax
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12/1/2017
Tax Professional: Mark Taylor, Certified Public Accountant (CPA) replied 6 months ago
Mark Taylor
Mark Taylor, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 2,408
Experience: Certified Public Accountant
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Hi, my name is Mark. I will be happy to help you with your questions. Unfortunately there is a 3 year statute of limitation to be able to claim a refund. This means that you would have three years from the date that the return was filed to claim a refund. So if your returns were filed timely the only returns that you would be able to amend would be 2014, 2015, and 2016.

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Customer reply replied 6 months ago
I filed them on my 2008 takes but Ny is coming after me for money they gave me for them but then reversed their decision I am having a hard time show them that I am taking care of these children is there nothing I can do
Tax Professional: Mark Taylor, Certified Public Accountant (CPA) replied 6 months ago

Why is NY saying that you cannot claim the children? Did the mother or father claim the children that year? Did you have the kids for the entire year in 2008?

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Customer reply replied 6 months ago
No the mother did not claim them she asked me to and I had them all of 08 and still do to this day NY said I need to show relationship between the children and my self and I don’t know how to do that I gave them records of proof where the children have been living but that’s not enough I amat a loss
Tax Professional: Mark Taylor, Certified Public Accountant (CPA) replied 6 months ago

Let me see what I can find out for you. Please give me a few moments.

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Customer reply replied 6 months ago
That would be great thankyou
Tax Professional: Mark Taylor, Certified Public Accountant (CPA) replied 6 months ago

What credits did you claim in New York for 2008 involving the children?

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Customer reply replied 6 months ago
I did the child credit and head of household
Tax Professional: Mark Taylor, Certified Public Accountant (CPA) replied 6 months ago

A qualifying child Is your son, daughter, stepchild, foster child, brother, sister, stepbrother, stepsister, or a descendant of them (for example, your grandchild, niece, or nephew).

You would need to have a qualifying child to claim the child credit.

Did you adopt the children?

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Customer reply replied 6 months ago
I didn’t think I could causebthe mother just dumped them on me and there is no one elss to take care of them and I don’t want a long drawn out adoption and I don’t have a lot of money either
Tax Professional: Mark Taylor, Certified Public Accountant (CPA) replied 6 months ago

To be able to claim the child tax credit you need to have a qualifying child. That is where the state is trying to determine the relationship to the child. Adopting the children would satisfy this relationship issue.

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