Legal Guardian

[RLymanC]

Is the dependent called a son/daughter on the tax return If one has legal guardianship.

[Bees Knees]

I would simply put legal guardian.

[Koss]

Guardianship

Fosterchild. I think I answered this question on the QuickFinder board in greater detail.

Bees Knees, the question is what descriptor do you enter in the relationship field to identify a dependent on the front page of Form 1040. Most software has limited choices for electronic filing. "Legal guardian" identifies the taxpayer's relationship to the dependent. It does not identify the dependent's relationship the taxpayer.

Maybe the child is a guardee.

My software won't accept that term.

Burton

[Bees Knees]

ProSeries gives the choice of "Other" or "None."

I think rather than use a term that is close but not accurate, I would choose one of those. The dependent does not have to be related to the taxpayer to be claimed as a dependent.

[Koss]

Relationship terms

ProSeries gives the choice of "Other" or "None."

I think rather than use a term that is close but not accurate, I would choose one of those. The dependent does not have to be related to the taxpayer to be claimed as a dependent.

Proseries doesn't allow the term fosterchild?

The terms other and none will have the effect of disallowing EIC, HOH, CTC, and CDCC. The whole point of this discussion (I thought) was that an adult who is appointed guardian of a child has the same standing under the tax law as a foster parent.

While I recognize that state laws may make an important distinction between guardianship and foster parenting, the tax law simply says that a foster child is a child placed in your home by an authorized agency or court. Guardianship is established by a court order. Provided that the other tests are met, a child over whom you have guardianship is your qualifying child, for all five benefits.

Here in Ohio, there are two types of guardianship: guardian of the person and guardian of the estate. Guardianship of the estate gives the person control and responsibility over the assets of a minor or incompetent adult; it is almost a dictionary definition of the term fiduciary. Guardianship of the person, in contrast, amounts to physical custody.

Guardianship of the person is placement of the child in your home by a court, and it meets the IRS definition of a foster child. It is a legal relationship that meets the relationship test.

None and other, in my software, describe the absence of any legal or blood relationship, and these terms will have the effect of disallowing any benefits other than the dependent exemption.

Burton M. Koss
koss@usakoss.net

https://www.usakoss.net

[jainen]

easy things

Section 152 defines eligible foster child as a child, exactly the same as son or daughter. Just list the relationship as "child" and stop stressing out about the easy things.

[JON]

Jainen

Now jainen everyone needs some help sometime. You did have the right answer.

[Unregistered]

Fosterchild

[QUOTE=Koss]Proseries doesn't allow the term fosterchild?



What Proseries do you have , Mine will allow "fosterchild"