Can I claim my 12 years old step son as dependent on my income tax return?

[NinjaBadger]

If not, what should I do enable for me to claim him as dependent?
We all are living in the same home for the past 6 months and my wife is currently in school.

TIA
(Stay safe and healthy!)

 

[Zigner]

FYI - OP is in California.

OP: In June, you said that your sister is a CPA and that you have taken a tax course (https://forum.freeadvice.com/threads/buyout.661318/page-2#post-3738238). Do you really not know how to figure this out?

See here for more information: https://www.irs.gov/faqs/filing-requirements-status-dependents/dependents

and here: https://www.irs.gov/help/ita/whom-may-i-claim-as-a-dependent

 

[Just Blue]

If not, what should I do enable for me to claim him as dependent?
We all are living in the same home for the past 6 months and my wife is currently in school.

TIA
(Stay safe and healthy!)

What does the custody/support order state regarding claiming the child/ren on taxes?

 

[Just Blue]

FYI - OP is in California.

OP: In June, you said that your sister is a CPA and that you have taken a tax course (https://forum.freeadvice.com/threads/buyout.661318/page-2#post-3738238). Do you really not know how to figure this out?

See here for more information: https://www.irs.gov/faqs/filing-requirements-status-dependents/dependents

and here: https://www.irs.gov/help/ita/whom-may-i-claim-as-a-dependent

The court order likely plays a part in who is able to claim the child/ren.

 

[LdiJ]

If not, what should I do enable for me to claim him as dependent?
We all are living in the same home for the past 6 months and my wife is currently in school.

TIA
(Stay safe and healthy!)

Setting aside custody orders for the moment...

I assume you file a joint return with your wife, correct? Yes, a stepchild can be a dependent of the stepparent, however on a joint return the child would be claimed as a dependent child because he is being claimed by his mother on a joint tax return.

Back to custody orders. If there are child custody orders regarding the child in question, then the court orders likely address which parent gets to claim the child. If the child's other parent is the one who by court orders is allowed to claim the child, then you and your wife may not do so.

 

[NinjaBadger]

FYI - OP is in California.

OP: In June, you said that your sister is a CPA and that you have taken a tax course (https://forum.freeadvice.com/threads/buyout.661318/page-2#post-3738238). Do you really not know how to figure this out?

See here for more information: https://www.irs.gov/faqs/filing-requirements-status-dependents/dependents

and here: https://www.irs.gov/help/ita/whom-may-i-claim-as-a-dependent

That is correct. I took a tax course 30 years ago so I can do my own taxes and my sister is a CPA but she has been a house wife most of her married life.
Thank you for the link!!

 

[Zigner]

That's is correct. I took a tax course 30 years ago so I can do my own taxes and my sister is a CPA but she has been a house wife most of her married life.
Thank you for the link!!

Fair enough - you're welcome.

 

[NinjaBadger]

Setting aside custody orders for the moment...

I assume you file a joint return with your wife, correct? Yes, a stepchild can be a dependent of the stepparent, however on a joint return the child would be claimed as a dependent child because he is being claimed by his mother on a joint tax return.

Back to custody orders. If there are child custody orders regarding the child in question, then the court orders likely address which parent gets to claim the child. If the child's other parent is the one who by court orders is allowed to claim the child, then you and your wife may not do so.

That's correct. Wife and step son are from far East, his father has signed xxx (don't know what it is called) that allow my wife to take him to the US

 

[LdiJ]

That's is correct. Wife and step son are from far East, his father has signed xxx (don't know what it is called) that allow my wife to take him to the US

In that case, you and your wife will be able to claim her son on your joint tax return. His immigration status will determine whether you can do so using an SSN or an ITIN.

 

[NinjaBadger]

What does the custody/support order state regarding claiming the child/ren on taxes?

I brought them here from other country. There's no custody or support order but his father consent his departure

 

[NinjaBadger]

In that case, you and your wife will be able to claim her son on your joint tax return. His immigration status will determine whether you can do so using an SSN or an ITIN.

Thank you!

 

[davew9128]

The court order likely plays a part in who is able to claim the child/ren.

Only with regards to civil actions with the court. IRS doesn't give a damn, Federal law controls.

 

[Just Blue]

Only with regards to civil actions with the court. IRS doesn't give a damn, Federal law controls.

I understand that but thank you for clarifying for OP.

 

[LdiJ]

That is correct. I took a tax course 30 years ago so I can do my own taxes and my sister is a CPA but she has been a house wife most of her married life.
Thank you for the link!!

I missed this post previously. If you took a tax course 30 years ago then you are not qualified at all to do your own taxes now. Tax law today is not remotely similar to what it was 30 years ago.

The same thing applies to your sister. Unless she is taking continuing education every year, then it is unlikely that she is still a licensed CPA.

Those of us who are tax professionals have to do a significant amount of continuing education every year, in order to keep abreast of tax law. You may want to consider reading Publication 17 for 2021 before you do your 2021 taxes.

 

[NinjaBadger]

I missed this post previously. If you took a tax course 30 years ago then you are not qualified at all to do your own taxes now. Tax law today is not remotely similar to what it was 30 years ago.

The same thing applies to your sister. Unless she is taking continuing education every year, then it is unlikely that she is still a licensed CPA.

Those of us who are tax professionals have to do a significant amount of continuing education every year, in order to keep abreast of tax law. You may want to consider reading Publication 17 for 2021 before you do your 2021 taxes.

Understood and thank you for your advice, I'll read up publication 17 for 2021.