it is usually more beneficial for the parent with the higher income to claim the children. However, in case that parent's income is so high to prevent him/her from obtaining the Earned Income Credit or the Child Tax Credit, then the other parent should claim the children.
The IRS website says if the parents are unmarried (single in the eyes of the IRS), and the child is living with them equal amounts of time for the year, whichever parent has the higher AGI will claim the 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.
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.
Under these rules, the parent who has physical custody of the child for the greater part of the year – defined as more than 50% of the nights – typically has the right to claim the child as a dependent for tax purposes.
If one of you do not file an amended return that removes the child-related benefits, then you may be audited by us to determine who can claim the dependent. In that case, you'll get a letter in a few months to begin the audit. In the audit, we'll require you to provide proof that you're entitled to claim the dependent.
However, even if two or more persons have the same qualifying child, only one person can claim the child as a qualifying child for all these benefits. Special rules apply for parents who are divorced, separated, or who are living apart.
Good Reasons
If your income disqualifies you from claiming these credits, your child's income probably doesn't disqualify him or her. Therefore, your child may be able to report payment of education expenses for tax purposes and then claim one of the credits – but only if you don't claim him or her as a dependent.
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 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.
Unmarried partners can decide to choose one parent's last name, hyphenate both last names, or create a new last name that combines both parents' names. Or, you might want a name that doesn't involve either parent's last name.
The maximum tax credit per qualifying child is $2,000 for children under 17. For the refundable portion of the credit (or the additional child tax credit), you may receive up to $1,700 per qualifying child. What to know ahead of filing season:What are the tax brackets for tax years 2024 and 2025?
If you and your ex-spouse share joint custody of your child/ren, usually the custodial parent claims a qualifying child as a dependent. A custodial parent is the parent the child lives with the most nights within a tax year (in general the parent with 183 nights or more).
This will usually be the person the child lives with most of the time. If you can't reach an agreement, you can both make a claim and let HMRC decide who will get the Child Benefit. There are complicated rules about who has priority but HMRC will usually give Child Benefit to the person the child lives with the most.
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.
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.
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 custodial parent is the parent with whom the child lived for the greater number of nights during the year. The other parent is the noncustodial parent. In most cases, because of the residency test, the custodial parent claims the child on their tax return.
The one with 183 overnights is the parent who is entitled to federal and state tax deductions and exemptions. Under the IRS' regulations, there is no such thing as “dual-custodial parents” when you have equal or joint custody. Therefore, one or the other parent must claim the tax benefits, but not both.
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.
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.
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.
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.
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.