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April 10, 2023
Question

Guardianship- Claiming children on taxes

  • April 10, 2023
  • 1 reply
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My husband and I have had guardianship of my nephews since Aug 2022.  It expires May 31, 2023.  So they lived for us for 5 months in 2022 and will live with us for 5 months in 2023.  Does that seriously mean their bio mom can claim them for the whole year in 2022 and 2023?  That just doesn't seem just.  They will live with us for 10 months total.  Their mom keeps their monthly child support, and we know we will not see a dime of what she gets back on taxes for 2022 and 2023.

    1 reply

    Employee
    April 10, 2023

    Sorry----but you did not have them for more than six months of 2022, so you cannot claim them for 2022.    And, sadly, if they do not live with you for at least six months in 2023 you will not be able to claim them for 2023 either.

     

    IRS interview to help determine who can be claimed:

    https://www.irs.gov/help/ita/who-can-i-claim-as-a-dependent

    https://ttlc.intuit.com/questions/3113432-who-can-i-claim-as-my-dependent  

     

     

    WHO CAN I CLAIM AS A DEPENDENT?

     

    You can claim a child, relative, friend, or fiancé (etc.) as a dependent on your 2022 taxes as long as they meet the following requirements:

    Qualifying child

    • They're related to you.
    • They aren't claimed as a dependent by someone else.
    • They're a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.
    • They aren’t filing a joint return with their spouse.
    • They're under the age of 19 (or 24 for full-time students).
      • No age limit for permanently and totally disabled children.
    • They lived with you for more than half the year (exceptions apply).
    • They didn't provide more than half of their own support for the year.

    Qualifying relative

    • They don't have to be related to you (despite the name).
    • They aren't claimed as a dependent by someone else.
    • They're a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.
    • They aren’t filing a joint return with their spouse.
    • They lived with you the entire year (exceptions apply).
    • They made less than $4,400 in 2022.
    • You provided more than half of their financial support.

    When you add someone as a dependent, we'll ask a series of questions to make sure you can claim them. There may be other tax benefits you can get when you claim a dependent.

     

    **Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**