Disabled Foster Adult

[XP4ME]

Permanently disabled adult placed by agency with client receiving difficulty of care payments and disabled adult has lived with client more than 6 months.

 

Meets foster child relationship because age is not relevant for disabled adult?

 

Qualifying child for EITC and HOH?

[XP4ME]

Okay, so is this question so obvious that I should know the answer?

I am definitely going with qualifying child but it seems weird.

 

[Pacun]

I think just the opposite. It is not obvious and it is an interesting question a only a handful of people know the answer.

[XP4ME]

Thanks for your input.  I keep rereading the relationship and age tests.  I still don't see the flaw. 

Can you share line of thought?  I'd really appreciate it!

[XP4ME]

ATX software does allow for a disabled foster 'child' aged 50+ to be a qualifying child for EITC and HOH.

I realize that just because the software allows it doesn't make it so, but it is sometimes an indication.

Since this seems so fundamental you'd hope they have it right.

[XP4ME]

I reread the reply.  You think the opposite in that the adult foster should NOT qualify taxpayer as HOH and for EIC, or you think that it is should not feel weird that they do qualify the taxpayer?  lol

[Slippery Pencil]

He thinks the opposite about it being obvious.

Have you read the instructions?  After reading the definition of qualifying child on irs.gov, it seems obvious but I'm not sure how trustworthy constantly changing irs webpages are.

https://www.irs.gov/credits-deductions/individuals/earned-income-tax-credit/qualifying-child-rules#Tests for a Qualifying Child

Age
To be a qualifying child for the EITC, your child must be:

Any age and permanently and totally disabled at any time during the year. For more information, see Disability and Earned Income Tax Credit.
or
Under age 19 at the end of the year and younger than you (or your spouse, if you file a joint return)
or
Under age 24 at the end of the year and a full-time student for at least 5 months of the year and younger than you (or your spouse, if you file a joint return)

 

Relationship
To be a qualifying child for the EITC, your child must be your:

Son, daughter, stepchild, adopted child or foster child
Brother, sister,  half-brother, half-sister, stepsister or stepbrother
Grandchild, niece or nephew

 

 

 

[XP4ME]

This is my third season doing taxes, so I'm never sure anything is obvious.

[Pacun]

Just make sure that the person qualifies as a foster child and take the credit. 

[XP4ME]

I have requested the placement letter from the agency.

Thank you for the input! 

 

[jklcpa]

Adding to what others have said, you also need to consider that being totally and permanently disabled is: not being able to engage in any substantial gainful activity because of the physical or mental impairment. 

[XP4ME]

11 hours ago, jklcpa said:

Adding to what others have said, you also need to consider that being totally and permanently disabled is: not being able to engage in any substantial gainful activity because of the physical or mental impairment. 

Thank you Judy.  I will double check, but I believe that disability is a prerequisite for the shared living program in Maine