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About Helen P. O`Planick, EA
Expertise
I am a tax professional, with experience in individual taxation. I would prefer not to answer questions about non-resident aliens or corporate taxation. Please do not ask me state related questions, unless the state is Pennsylvania. There are 42 taxing states and 42 TOTALLY different sets of state tax law.

Experience
I have been preparing tax returns almost all my life. I have been in professional practice for 25 years and I am enrolled to practice before the Internal Revenue Service.

Organizations
National Association of Enrolled Agents

Publications
I am a prior Money Magazine Tax Test taker and have been quoted extensively in all media including monthly periodicals and books by tax authorities.

You are here: Experts > Business > Corporate Law > Tax Law (Questions About Taxes) > Dependants

Topic: Tax Law (Questions About Taxes)

Expert: Helen P. O`Planick, EA
Date: 9/27/2008
Subject: Dependants

Question
QUESTION: Hi, I hope you can help me. I got legal guardianship of my grand-daughter and her sister on July 31st, 2008 but they lived with me since June 4th, 2008. Can I claim them on my tax return? They lived with the maternal grand-mother up until June 4th, 2008. They are both US citizens and are 11 and 8 yrs old.

ANSWER: If they lived with you for more than 6 months, you can claim them.

Helen, EA in PA

---------- FOLLOW-UP ----------

QUESTION: I have been told that I had to get the other Grandma to sign a form releasing her right to claim them. Also that the sister didn't meet the relationship test and I couldn't claim her until 09 because she didn't live with me all year.
Thank You

Answer
There is no form for this. That form is only between parents.

If your grand lived with you for 180 days in 2008, you can claim her. And her sister would be your grandchild also - so I don't understand the relationship test not being met.

Helen, EA in PA

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