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Level 2
March 30, 2022
Question

What is the correct relationship for a child, when the taxpayer has legal custody?

  • March 30, 2022
  • 3 replies
  • 19 views

So I have a new client that has legal custody of two young girls. The previous office that filed her taxes put one of the dependents as Daughter and the other as Foster Child. I corrected to put both children as Foster Children, considering that she has a court order. The children are not biologically related to her, am I reporting the relationship the correct way? My client wants me to put daughters for both but I have told her that I cannot do that. Any ideas on the correct relationship?

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3 replies

qbteachmt
Level 15
March 30, 2022

"am I reporting the relationship the correct way?"

There are legal relationships and even no relationships (just responsibility), such as: children, foster children, adopted children, and just having custody, as well as minor, or adult; and guardian.

For Tax Purposes, you are asking about Dependents.

None of that is equivalent. And what to use depends on what you are using it for.

Adopted Children are family. Foster Children are placements.

 

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sjrcpa
Level 15
March 30, 2022

What's the harm in using daughter? Especially since the custodial adult thinks of them that way.

The more I know the more I don’t know.
RollTide68
Level 7
March 30, 2022

Some states do not allow deductions/exemptions for Foster Children.  Specifically Alabama does not.

BobKamman
Level 15
March 30, 2022

A foster child is any child placed with the taxpayer by an authorized placement agency or by judgment, decree, or other order of any court of competent jurisdiction.  It is not an adoption, and the placement or order can always be changed, but if she wants to tell the world that these are her daughters, she can as long as it's not for fraudulent purposes.  She should tell IRS that they are foster children, and make sure they qualify otherwise as dependents.  Suggest she go be sensitive about it elsewhere, you're busy now.  

sjrcpa
Level 15
March 30, 2022

Does "legal custody" as stated by OP mean foster child?

The more I know the more I don’t know.
qbteachmt
Level 15
March 30, 2022

"Does "legal custody" as stated by OP mean foster child?"

Nope. The custody is with the State.

Don't yell at us; we're volunteers