Can a tax payer claim a foster child as a qualifying relative who files a joint return?
A taxpayer generally cannot claim a foster child as a qualifying relative if the foster child files a joint return with their spouse. However, there is an exception to this rule. If the foster child and their spouse file a joint return solely to claim a refund of withheld income tax or estimated tax payments, and no tax liability would exist for either spouse on separate returns, then the foster child may still be considered a qualifying relative. To qualify as a qualifying relative, the foster child must also meet other criteria, such as: 1. **Not being a qualifying child** of the taxpayer or any other taxpayer. 2. **Gross Income Test**: The foster child's gross income must be less than $4,700 for the 2023 tax year. 3. **Support Test**: The taxpayer must provide more than half of the foster child's total support for the year. 4. **Member of Household or Relationship Test**: The foster child must live with the taxpayer all year as a member of the household or be related to the taxpayer in a qualifying way. If these conditions are met, and the joint return exception applies, the taxpayer may claim the foster child as a qualifying relative. Always consult the latest IRS guidelines or a tax professional for specific situations.
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