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Court appointed non familial guardian of a minor child. Does…

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Court appointed non familial...

Court appointed non familial guardian of a minor child. Does this qualify for the child tax credit

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Child was given to our care on 03/15/2017

Submitted: 2 months ago.Category: Tax
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3/18/2018
Tax Professional: Barbara, Enrolled Agent replied 2 months ago
Barbara
Barbara, Enrolled Agent
Category: Tax
Satisfied Customers: 6,013
Experience: 20+ years of experience in tax preparation; 30+ years of experience as a real estate/corporate paralegal.
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Welcome to Just Answer. My name is ***** ***** I will be happy to assist you.

The requirements to claim the Child Tax Credit are:

  1. Age test
    To qualify, a child must have been under age 17 (i.e., 16 years old or younger) at the end of the tax year for which you claim the credit.
  2. Relationship test
    The child must be your own child, a stepchild, or a foster child placed with you by a court or authorized agency. An adopted child is always treated as your own child. ("An adopted child" includes a child lawfully placed with you for legal adoption, even if that adoption is not final by the end of the tax year.)You can also claim your brother or sister, stepbrother, stepsister. And you can claim descendants of any of these qualifying people—such as your nieces, nephews and grandchildren—if they meet all the other tests.
  3. Support test
    To qualify, the child cannot have provided more than half of his or her own financial support during the tax year.
  4. Dependent test
    You must claim the child as a dependent on your tax return.Bear in mind that in order for you to claim a child as a dependent, he or she must: 1) be your child (or adoptive or foster child), sibling, niece, nephew or grandchild; 2) be under age 19, or under age 24 and a fulltime student for at least five months of the year; or be permanently disabled, regardless of age; 3) have lived with you for more than half the year; and 4) have provided no more than half his or her own support for the year.
  5. Citizenship test
    The child must be a U.S. citizen, a U.S. national or a U.S. resident alien. (For tax purposes, the term "U.S. national" refers to individuals who were born in American Samoa or in the Commonwealth of the Northern Mariana Islands.)
  6. Residence test
    The child must have lived with you for more than half of the tax year for which you claim the credit. There are important exceptions, however: A child who was born (or died) during the tax year is considered to have lived with you for the entire year.Temporary absences by you or the child for special circumstances, such as school, vacation, business, medical care, military services or detention in a juvenile facility, are counted as time the child lived with you. (There are also some exceptions to the residency test for children of divorced or separated parents. For details, see the instructions for Form 1040, lines 51 and 6c, or Form 1040A, lines 33 and 6c.)
  7. Family income test
    The child tax credit is reduced if your modified adjusted gross income (MAGI) is above certain amounts, which are determined by your tax-filing status. In 2017, the phase out threshold is $55,000 for married couples filing separately; $75,000 for single, head of household, and qualifying widow or widower filers; and $110,000 for married couples filing jointly. For each $1,000 of income above the threshold, your available child tax credit is reduced by $50.

Because you are the court appointed legal guardian, you have met the Relationship Test.

Please let me know if I can assist you further.

Thank you and best regards,

Barb

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Customer reply replied 2 months ago
the issue is on the tax forms there is no place to identify as a guardian. Other doesn’t qualify for the tax credit. It’s not an adoption, and it’s not foster care, although foster is as close as anything comes.
Tax Professional: Barbara, Enrolled Agent replied 2 months ago

Choose foster because you are court appointed guardian.

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Customer reply replied 2 months ago
Can you send these answers to my email address?
Tax Professional: Barbara, Enrolled Agent replied 2 months ago

Unfortunately, not.

Can you print this Q&A thread to keep with your 2017 tax documents?

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Tax Professional: Barbara, Enrolled Agent replied 2 months ago

Just following up with you to see if you have any other questions. If so, please let me know so I can continue to assist you.

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