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New Member
posted Jun 25, 2020 6:06:53 AM

Can i do an amended taxes for 2017 to add my son on it if i have the court papers to prove its my year to claim him?

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2 Replies
Level 15
Jun 25, 2020 6:15:19 AM

https://ttlc.intuit.com/questions/2566895-what-does-it-mean-to-amend-a-return

 

https://ttlc.intuit.com/questions/1894381-how-to-amend-change-or-correct-a-return-you-already-filed?jump_to=answer_3288565

 

The IRS cares about who the child lived with -- were you the custodial parent for at least 183 nights for that year?Was there a signed form 8332?

 

Are you the custodial parent?  Do you have an agreement with the other parent to allow the other parent to claim them--due to divorce or that you live apart and share custody?  Did one of you sign a Form 8332?

 

If there is a signed 8332 then the custodial parent retains the right to file as Head of Household, get earned income credit and the childcare credit + education credits if the child is a full-time college student.  The non-custodial parent gets the child tax credit for children under the age of 17.

 

As far as the IRS is concerned, the custodial parent is the one with whom the child spent the most nights during the tax year--at least 183 nights.

 

Level 15
Jun 25, 2020 6:17:16 AM

Did he live in your home for over one-half of the 2017 tax year?

If he did not live in your home and you are not the custodial parent, did you receive a signed Form 8332, Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent?