Will a form 8332 be accepted if it's submitted late?

Forum|Forum|4 years ago
February 25, 2022
4 replies
45 views

I'm the custodial parent, just filed as HOH but did NOT claim my child as a dependent because it's my ex's turn to do so (for the first time). I completed the 8332 but didn't realize he is the one who was supposed to submit it with his return as the noncustodial parent. The IRS website says he has to submit it within 3 days of his e-filed return being accepted, a deadline we DEFINITELY missed. What's going to happen now? The ex filed Single but did claim our child as a dependent, and his return was accepted over a week ago. Can he still submit the 8332 late, or his he totally out of luck? Will they reject his return? Will we get the chance to fix it? Will my return be rejected (I filed mine after he did)?

Critter-3

Level 15

Just file it late.

JamesG1

Alumni - Intuit

You are the custodial parent but this year the other parent will be claiming the child as a dependent.

If there is no conflict (meaning that two taxpayers are claiming the same dependent child) there will likely be no issue with either of your tax returns.

IRS Form 8332 Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent comes into play when there is a conflict between two taxpayers (meaning that two taxpayers are claiming the same dependent child).

The form can be used as a 'proof' that one taxpayer or the other is allowed to claim the child as a dependent.

Please note that the IRS Form 8332 instructions specifically direct that the custodial parent provides a signed Form 8332 to the noncustodial parent.

Release of claim to exemption.

Complete this form (or sign a similar statement containing the same information required by this form) and give it to the noncustodial parent. The noncustodial parent must attach this form or similar statement to his or her tax return each year the exemption is claimed.

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purpleanonymouseAuthor

Level 2

Thank you so much for your reply. I hope you don't mind me asking a follow-up question for clarification: while I did not claim my child as a dependent, I did use their SSN to file as head of household and to claim the EIC. Will the IRS consider this a conflict without an 8332? The ex filed a single, and did not claim the eic or dependent care credit or anything else.