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If you insure your child on your medical insurance through your job, do you have to also claim them on your taxes?
Anonymous2 views2 answers
My 18 yr. old child was adopted out and now lives with me(her biological father). Her adoptive parents claim that if they carry her on their insurance they also have to claim her on their taxes this year instead of me. She is still in school and will have lived with me 8 months of the year 2014 and only 5 months with her adoptive parents.
They appear to have the rule reversed. Unless they can claim your daughter as a dependent on their tax returns - under the rules that apply to dependency exemptions - then they cannot treat her as a dependent on their insurance. Since your daughter is now of-age, she is most likely not subject to the adoptive parents' rights of custody - i.e., she can come and go as she pleases - which in turn should mean that they cannot claim her as a dependent unless they provide more than half of her support during the year. Since it seems from your description that they do not provide more than half of her support, it is unlikely that they can claim her as their dependent for tax purposes and, accordingly, cannot claim her for insurance purposes.
Based on your situation, you (and not the adopted family) will be able to claim your child as your dependent. Read more here: http://www.irs.gov/publications/p501/ar02.html#en_US_2013_publink1000220868