It's important to note that if two or more taxpayers claim the same child, the IRS will use the “tiebreaker rule” to figure out who is eligible. You can always speak about your specific situation with your Jackson Hewitt Tax Pro when questions arise.
If you're wondering if you and your spouse (or ex-spouse) can both claim your child or children as dependents, you're not alone. We get this question a lot. Here's the answer: If you don't file a joint return with the dependent child's other parent, only one of you can claim the child.
By listing a dependent on the return, you are informing the IRS that your dependent has passed the four qualifying child tests and you are the custodial parent.
The child must be your son, daughter, stepchild, foster child, brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant of any of them. An adopted child is always treated as your own child.
You can claim a child as a dependent if he or she is your qualifying child. Generally, the child is the qualifying child of the custodial parent. The custodial parent is the parent with whom the child lived for the longer period of time during the year.
Can I claim my child as a dependent if they file a tax return? Your child can still qualify as a dependent if they file their own taxes. They will need to indicate that someone else claims them as a dependent on their return.
The special rule for divorced or separated parents allows only the noncustodial parent to claim the child as a dependent for the purposes of the child tax credit/credit for other dependents and the dependency exemption and does not apply to the EITC.
It's up to you and your spouse. You might decide that the parent who gets the biggest tax benefit should claim the child. If you can't agree, however, the dependency claim goes to your spouse because your son lived with her for more of the year than he lived with you.
After the IRS decides the issue, the IRS will charge (or, “assess”) any additional taxes, penalties, and interest on the person who incorrectly claimed the dependent. You can appeal the decision if you don't agree with the outcome, or you can take your case to U.S. Tax Court.
Because you are technically filing your taxes under penalty of perjury, everything you claim has to be true, or you can be charged with penalty of perjury. Failing to be honest by claiming a false dependent could result in 3 years of prison and fines up to $250,000.
To meet the qualifying child test, your child must be younger than you or your spouse if filing jointly and either younger than 19 years old or be a "student" younger than 24 years old as of the end of the calendar year.
To claim a child as a dependent, that child had to live with you for over half the year. If the child did not live with you at all during the year, it is typically the case that the custodial parent is entitled to claim that child as a dependent instead.
While there are many nuances to tax dependents, you can still claim them even if they earn income or receive SNAP benefits or other government assistance.
If you file your tax return and someone else has already claimed your dependent, then the IRS will reject your return. If your return was rejected, you can mail in your return and then the IRS will apply the tiebreaker rules.
If both parents claim the same child for child-related tax benefits, the IRS applies a tiebreaker rule. If a child lived with each parent the same amount of time during the year, the IRS allows the parent with the higher adjusted gross income (AGI) to claim the child.
Claim the Child and Dependent Care Credit
The Child and Dependent Care Credit is based on a percentage of the amount you paid for the care of a qualifying child or dependent. For tax year 2024, the total expenses you can claim are capped at $3,000 for one eligible individual and $6,000 for two or more.
Only one parent can claim the child tax credit for a given child. In the absence of an agreement or court order to the contrary, the parent with whom a child lives most of the time (that is, more than 182.5 days that year) is entitled to claim the child on their tax return.
However, in California, custody and child support are two separate components, and one parent may be required to pay child support to the other even in a 50/50 arrangement.
Yes, a noncustodial parent may be eligible to claim the child tax credit for his or her child as long as he or she is allowed to claim the child as a dependent and otherwise qualifies to claim the child tax credit.
Even if someone else, like a parent, claims you on their own tax return, you may still be required to file your own return.
In a 50/50 custody arrangement, the IRS generally allows the child tax credit and other child-related tax benefits to the parent who has the child for more than half the year.
To file as head of household, you must pass three tests: the filing status test, the qualifying person test, and the cost of keeping up a home test.