Can I claim my children who live outside the US in my tax refund? 1 Answers as of February 22, 2011

I have 2 sons who live with my mom in the Philippines and I live and work in US. I was wondering if it is possible to claim my 2 sons in my tax refund since I am the one supporting them. Thank you!

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Steven J. Fromm
Steven J. Fromm | Steven J. Fromm & Associates, P.C.
There are 5 requirements to be a qualifying child eligible to be a dependent as follows: Relationship, Age, Residency, Support, and Joint return. The residency test would seem to be a problem here. To meet this test, your child must have lived with you for more than half of the year. There are exceptions for temporary absences, children who were born or died during the year, kidnapped children, and children of divorced or separated parents.

Even temporary absences exception will not help you. Your child is considered to have lived with you during periods of time when one of you, or both, are temporarily absent due to special circumstances such as: a.. Illness, b.. Education, c.. Business, d.. Vacation, or e.. Military service.

As a result you can not claim them as dependents as you fail to meet the residency test.
Answer Applies to: Pennsylvania
Replied: 2/22/2011
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