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While it is clear that the code says a dependent child could not have provided more than half of their own support, I recall the discussion going that as subsidy was not claimed as taxable income and was not from the child providing his own support that foster parents did not need to worry in most cases about this particular qualifier for a dependent child, the exception being those children who worked and paid directly for their own support.
I just read Publication 17 Chapter 3 on the IRS site which says that subsidy or reimbursement for providing foster care is considered support by the county or agency for the child. It appears that a foster parent needs to provide more support than the reimbursement. The publication lists out ways to calculate the child's support costs including fair rental rate of the furnished room with utilities, division of food, etc. When a foster parent adds up all eligible expenses, then deducts all support from state aid like food stamps or WIC and all county aid like foster care stipend then the amount left that the family is providing has to be more than half the total support number.
While those who receive small stipends can easily show more than half the support, those who have therapeutic or medical needs children who receive much of the child's support through the state might not be able to claim the children if my reading of this is correct.
Let's say you get $1200 for a high needs child in foster care reimbursement, $500 in WIC benefits for a child, $275 in transportation reimbursement, Medicaid paid for $3,125 in medications and medical equipment, and you got $150 in clothing reimbursement. If you add up everything it costs to support that child including fair rental rate of the room and utilities, food, transportation, medication, etc and you come up with $10,000 a month to support that child then you can't claim the child. $10,000 to support him minus the $5,250 you are getting in support means the $4,750 out of your pocket every month doesn't qualify. Right? But you could then argue that you are in the trade or business of supporting the foster care agency and you could deduct that $4,750 as charitable contributions, right?
Does anyone have any clarifying or overriding information about this? Unless we identify otherwise, none of us are tax professionals or are giving financial advice, myself included. We're just discussing our personal and unprofessional experiences and understandings of things that are worthy of discussing with our individual tax professionals.
[url=http://www.irs.gov/publications/p17/ch03.html#en_US_publink1000170967]Publication 17 (2009), Your Federal Income Tax[/url]
Support provided by the state (welfare, food stamps, housing, etc.). Benefits provided by the state to a needy person generally are considered support provided by the state. However, payments based on the needs of the recipient will not be considered as used entirely for that person's support if it is shown that part of the payments were not used for that purpose.
Foster care payments and expenses. Payments you receive for the support of a foster child from a child placement agency are considered support provided by the agency. Similarly, payments you receive for the support of a foster child from a state or county are considered support provided by the state or county.
If you are not in the trade or business of providing foster care and your unreimbursed out-of-pocket expenses in caring for a foster child were mainly to benefit an organization qualified to receive deductible charitable contributions, the expenses are deductible as charitable contributions but are not considered support you provided. For more information about the deduction for charitable contributions, see chapter 24. If your unreimbursed expenses are not deductible as charitable contributions, they are considered support you provided.
If you are in the trade or business of providing foster care, your unreimbursed expenses are not considered support provided by you.
Example. Lauren, a foster child, lived with Mr. and Mrs. Smith for the last 3 months of the year. The Smiths cared for Lauren because they wanted to adopt her (although she had not been placed with them for adoption). They did not care for her as a trade or business or to benefit the agency that placed her in their home. The Smiths' unreimbursed expenses are not deductible as charitable contributions but are considered support they provided for Lauren.