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Foreign adoption........is CTC allowed

Camp1040
Level 10

Adoption of foreign child was finalized in December 2019, child has  a SSN, adoptive parents were not able to physically bring the child into the US until January 2020. All adoption  expenses were paid in 2019.

Can the parents claim the CTC since the child was not living with them for more than half the year? My logic is saying to treat it as temporary absence exception and like a born or died exception during the year.

Pub. 972 sees things a little differently. I like my position on the issue, not sure it is correct.

Thanks for in advance for the advice.

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Terry53029
Level 14
Level 14

Rules say no, adopted or biological no different, as child must live with you over 6 months. If your clients adopted child lived with your clients father for 7 months could your clients claim him ? 

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2 Comments 2
Terry53029
Level 14
Level 14

Rules say no, adopted or biological no different, as child must live with you over 6 months. If your clients adopted child lived with your clients father for 7 months could your clients claim him ? 

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Camp1040
Level 10

I was trying to stretch the term of adoption into birth, I think if I stretched it, that rubber band would break.

At least the clients will get the adoption expense credit.

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