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William Perez

Can I Claim My Baby?

By January 23, 2007

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Today's tax question comes from T. Smith in Oregon. She asks:
"If a baby is born during the tax year but is not 6 mo old at the end of the tax year, can they still be claimed as a dependant? What is the latest they can be born in the year in order to be a qualifying dependant?"
You can definitely claim your baby as a dependent even if the child was born on the last day of the year. In Publication 501, the IRS explains, "A child who was born or died during the year is treated as having lived with you all year if your home was the child's home the entire time he or she was alive during the year. The same is true if the child lived with you all year except for any required hospital stay following birth."

Do you have a tax question? Visit the Ask a Tax Question page. Disagree with my answers? Post your comments in the Tax Forum.

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January 19, 2009 at 1:04 am
(1) kendra says:

does this include stillborns too??

January 19, 2009 at 1:19 am
(2) Kendra says:

i read the irs site
and it says it doesn’t include stillborns. :(

January 19, 2009 at 9:07 pm
(3) taxes says:

The child must be born alive to qualify as your dependent. Sorry.

November 17, 2009 at 1:53 am
(4) kate says:

If the baby is two months old I worked for four months and the father is still working but we are not married who should claim the baby me and my mom or him?

January 31, 2010 at 2:20 pm
(5) Jennifer says:

My daughter had a baby in March of 2009 and he passed away 6 wks later. Can she claim him as an dependent on her taxes?

November 9, 2010 at 3:16 pm
(6) Becky says:

My baby is due January 23, 2011… I heard that as long as my baby is born by sometime in February of 2011 (she wasn’t sure the date exactly), I can claim him on my 2010 taxes as a dependent. Is that true?

January 29, 2011 at 1:10 am
(7) anon. says:

The child must be born to be considered a dependent… You cannot claim a baby on your 2010 taxes that was NOT born yet….

August 13, 2011 at 10:33 am
(8) wifey2thabest says:

If my child was born august 3rd this year can i claim him tax time

November 5, 2011 at 1:46 am
(9) Dana says:

my son was born august 1, 2011 can he be carried on my 2011 taxes.

November 5, 2011 at 8:08 pm
(10) William Perez says:

Dana, yes. Newborn children can be claimed as dependents starting with the year of their birth. Just be sure you meet all the criteria for being eligible to claim the dependent.

December 11, 2011 at 5:28 pm
(11) Aushwn says:

can i claim my two month old daughter on my taxes this year in the state of GA?

December 27, 2011 at 6:15 pm
(12) Burn says:

My son was born on dec 7 can i still claim him?

December 30, 2011 at 6:03 pm
(13) William Perez says:

Burn, dependents can be claimed starting with the year they are born.

December 29, 2011 at 5:57 pm
(14) HELLO says:

Do you guys not READ? It clearly says if they were born in 2010 you can claim them on the taxes. Stop asking the same question over and over! If they were born ANY DAY OF THE YEAR and lived then YES YOU CLAIM THEM!

January 7, 2012 at 11:19 am
(15) Ronaldine says:

what if my baby pass away da a day after he was born?

January 9, 2012 at 12:53 pm
(16) wiMom says:

Doesnt matter if the child passes away the SAME day or DAYS, WEEKS later…as long as they were born alive….

January 19, 2012 at 11:13 am
(17) mat says:

If a baby is 9 months do you still get the same amount refund than if they were 1 year?

January 21, 2012 at 1:50 am
(18) Hi says:

My baby was born september 2011 would i be able to put him as a deprndent, hes only 4 months ???

January 21, 2012 at 3:09 am
(19) Danielle says:

Can I can claim my baby who was born Sept 15, 2011, even though I did not work while I was pregnant or after she was born? Or would I have had to be working when she was born to claim? ( I stopped working in Feb 2011)

January 25, 2012 at 12:43 pm
(20) kira says:

my daughter just turned 9 months on the 23rd and taxes won’t let me claim her why not

January 27, 2012 at 1:18 pm
(21) Byron Wynn says:

I didnt know u could claim a child if they were under 6 mo old by the first of the year , my son is now 3 and a half and i didnt claim him the first year he was born can i go back 4 yrs on my taxes and claim him then or get a refund from irs

January 28, 2012 at 3:48 pm
(22) William Perez says:

Bryon, You have three years to request additional refunds from the IRS.

January 29, 2012 at 12:52 pm
(23) Cristina says:

So my baby was born december 13 2011 can o claim him in my taxes

January 30, 2012 at 12:33 am
(24) sherri says:

Does this apply for 2011 taxes as well because i have heard rumors that they changed the laws to your child has to be six months old now before you can claim them not tryong to ask the same questions over and over just would like to make sure i got all the facts straight

January 30, 2012 at 8:13 pm
(25) William Perez says:

You can claim your child as a dependent starting with the year in which he or she is born.

February 2, 2012 at 2:05 pm
(26) jack says:

My Son was born Jan 9, 2012, he then died soon after birth, can I claim him for my 2011 tax report or 2012…..just curious. Thank you

February 3, 2012 at 6:05 pm
(27) Joni says:

Can a child that was born in 2010 and passed away in Dec 2010..be claimed on 2011 taxes. My daughter in law and son had this happen and was told that they could still file the child…due to expenses incured. Not trying to get any credit for a child passed but it there was some kind of something out there they are intitled to would like to know.

February 3, 2012 at 6:05 pm
(28) Joni says:

Can a child that was born in 2010 and passed away in Dec 2010..be claimed on 2011 taxes. My daughter in law and son had this happen and was told that they could still file the child…due to expenses incured. Not trying to get any credit for a child passed but it there was some kind of something out there they are intitled to would like to know.

February 5, 2012 at 8:17 pm
(29) William Perez says:

Joni, a child that is born and died in the same year is claimed as a dependent in that year only. That is, for the year 2010 in your situation. There’s no further tax benefit for 2011 because the child is not alive in 2011.

February 22, 2012 at 4:01 pm
(30) vonnie says:

my daughter was born alive when i was 17 weeks pregnant in may 2011 and died a few hrs later……can i claim her on my taxes?…. this question was never definitively answered and i cant find any answers to it.

March 18, 2012 at 11:54 pm
(31) CJ says:

I went into pre-term labor at 21 weeks and gave birth to my son whom lived for 40 minutes. I have a birth certificate and a death certificate. It is my understanding that he will be an eligible dependent on my tax return at the end of the year. My question is, do I have to get a social security number issued for him to be able to claim him?

March 19, 2012 at 12:24 am
(32) William Perez says:

You do not need to obtain a SSN for your child. Instead, attach copies of the birth and death certificates to your tax return and mail it into the IRS for processing. Sorry to hear of your loss.

April 17, 2012 at 5:30 pm
(33) Liria says:

Thank you for this answer. I am currently pregnant and will deliver in November, I was told that I was not able to claim the baby since it would not be six months. Glad this is cleared up.

May 19, 2012 at 4:22 pm
(34) Happybaby says:

Is this for all states because I’m due in November also and I keep hearing about the six month thing ,

July 13, 2012 at 2:56 pm
(35) ANGEL says:


August 11, 2012 at 8:26 pm
(36) misscb says:


August 24, 2012 at 12:13 pm
(37) Shay says:

I had my son 10/2/2010, but on the 2011 return I didn’t get credit for him. Is that because the tax preparer did it wrong? If so, can I do an amended return for that year and will it be worth it?

September 28, 2012 at 12:14 am
(38) mich says:

Its sad and unfortunate that alot of these comments are regarding “getting” some sort of compensation for a child that has passed over. I agree with the previous comment. This is a sick thought to even have. Allow that child to RIP. Since money is the root of all EVIL, I guess it doesn’t matter the shallow and weak minded. So sad. I will pray for you.

October 21, 2012 at 7:55 am
(39) Morgan says:

My daughter lived for an hour and a half then passed away would she be able to be claimed on taxes? Hopefully she can cuz i wanna get her the perfect headstone

November 23, 2012 at 6:14 pm
(40) Alexis says:

my Baby was born July 22 2012 can I claim her? This is my 1St baby and my first time claiming..

November 29, 2012 at 10:48 pm
(41) paula says:

I have an issue. My child was put into foster care until May 9 2011 when I regained all legal custody of her and I just got paperwork back stating that apparently the foster parents tried claiming her though they had her only for 5 months and we had her close to seven months..who is in the right and who needs to fill out amends to the irs?we still have her n all our rights now I want to make sure I wasn’t wrong I looked up the rules it said a dependent had to b with u for over 6 months and she was given back to us well before that

December 13, 2012 at 10:54 pm
(42) shana says:

at misscb: i know wat its like to loss a baby i lost two and still am grievin ova them both but im sure 90% of the pep that have asked bout if they can claim the baby even if it only lived for couple hours want to know so it can help them get a headstone just like me thats why i wanted to know if i could claim my baby too so before u judge how bout u find out all the info first im sry for ur loss i know its hard!!!

December 24, 2012 at 12:37 pm
(43) kandyma says:

My child is 2months now. Will I be able to file for him?

December 30, 2012 at 9:14 pm
(44) Samm says:

Ifu baby isn’t due till January 25th of 2013 can I still claim her on my taxes ???? Please help …

January 2, 2013 at 1:53 am
(45) unknow says:


January 2, 2013 at 1:57 am
(46) unknown says:

Correction: Hear **HERE

January 3, 2013 at 1:59 pm
(47) Steph says:

My daughter was born in Oct 2011. I claimed her on my taxes but recieved no credit because she was not considered a qualifying child because she did not live with me for 6 months. Is this correct? Or should I try and amend last years taxes?

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