1. 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. The term “adopted child” includes a child who was lawfully placed with you for legal adoption.
Yes, a parent can claim a child as a dependent on their taxes even if the child does not live with them, but certain conditions must be met. Here are the key criteria: Relationship: The child must be the taxpayer's biological child, stepchild, adopted child, or foster child.
Legally, only the custodial parent can claim a child unless they have agreed to allow a non-custodial parent to claim their child as a dependent, but the permission must be given in writing by signing IRS Form 8332 or similar document.
If you don't know anyone who could have claimed the dependent, your dependent may be a victim of identity theft. See Identity theft guide for individuals for steps you may take if you feel you or your dependent's identity has been stolen.
The custodial parent signs a Form 8332, Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent or a substantially similar statement, and. The noncustodial parent attaches the Form 8332 or a similar statement to his or her return.
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.
For qualifying dependents who are not a qualifying child (called “qualifying relatives” in tax law), the person's gross income for the 2023 tax year must be below $4,700 (for 2023). For qualifying relatives, they must get more than half of their financial support from 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.
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.
The dependent's birth certificate, and if needed, the birth and marriage certificates of any individuals, including yourself, that prove the dependent is related to you. For an adopted dependent, send an adoption decree or proof the child was lawfully placed with you or someone related to you for legal adoption.
Relationship: Be your son, daughter, stepchild, eligible foster child, brother, sister, half-sister or -brother, stepbrother, stepsister, adopted child or the child of one of these. Age: Be under age 19 or under 24 if a full-time student, or any age if permanently and totally disabled.
TurboTax Tip:
A custodial parent can agree to allow a non-custodial parent to claim their child as a dependent, but the permission must be given in writing by signing IRS Form 8332 or similar document. Parents who have joint custody sometimes use this form to claim the dependent in alternate years.
Changes to Certain Benefits
The five dependency tests – relationship, gross income, support, joint return and citizenship/residency – continue to apply to a qualifying relative. A child who is not a qualifying child might still be a dependent as a qualifying relative.
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.
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.
You can claim a child who works as a dependent if they still meet the requirements to be a qualifying child – including the age, relationship, residency, and support tests.
If the noncustodial parent claims your child without permission. When the noncustodial parent claims the exemption on their taxes and they don't attach the required Form 8332 signed by the custodial parent, their tax filing doesn't comply with IRS rules. The IRS may enforce its rules.
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.
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.
A child is treated as a dependent of the custodial parent. According to the IRS, a custodial parent is the parent with whom the child lived for the greater part of the year. It's important to note that the IRS rules don't always use the same definition of custodial parent that family court does.
If you found out someone else claimed your dependent on their taxes, your dependent might be the victim of identity theft. If this is the case, don't panic. There are steps you can take to correct the situation, including filing a paper return and documenting your case for the IRS.
We recommend that you prep that documentation as soon as possible and return it to the IRS. Wait for the IRS to decide which parent can claim the child. Once the IRS makes a determination, the parent who filed incorrectly will need to return any taxes, fees or interest owed without this exemption.