A: When parents share 50/50 custody, only one parent can claim the child as a dependent on their tax return for a given tax year. The IRS does not allow both parents to claim the same child as a dependent. Here’s how this is typically determined:
Who Gets to Claim the Child?
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Custodial Parent:
- The custodial parent (the one the child lived with for more nights during the year) generally has the right to claim the child.
- In a true 50/50 custody situation, the IRS uses tie-breaker rules to decide:
- Higher Adjusted Gross Income (AGI): The parent with the higher AGI gets the claim.
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Agreement Between Parents:
- Parents can decide who claims the child. For example, they might alternate years or split multiple children if there are more than one.
- The custodial parent must sign Form 8332 (or a similar statement) to release their claim to the noncustodial parent.
What Tax Benefits Are Involved?
Claiming a child as a dependent can allow you to take advantage of:
- Child Tax Credit: Worth up to $2,000 per child.
- Earned Income Tax Credit (EITC) (if eligible).
- Child and Dependent Care Credit: For work-related childcare expenses.
- Head of Household Filing Status: Requires the child to live with you for more than half the year.
Key Points to Remember
- Both parents cannot claim the same child in the same tax year. If they do, the IRS will reject one return and may impose penalties.
- If there’s no formal agreement and both parents claim the child, the IRS will use the tie-breaker rules.
- If one parent claims the child as a dependent, the other parent may still claim other tax benefits (e.g., the child care credit) if they meet the requirements.