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March 14, 2021
Question

Can we claim the adoption credit if my spouse and I file separately? We adopted a sibling group of 5 children from the foster care in 2019 but we didn't claim it.

  • March 14, 2021
  • 1 reply
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Their ages are 2-11 and are a minority ethnic group.  The children get subsidy assistance from the state. From what I read it seems like we qualify,  but I just don't know how to do it,  that's why we didn't claim it last year.

1 reply

March 14, 2021

being married requires you to file a joint return to claim the credit. however, you are not considered married if legally separated under a decree of divorce or separate maintenance