Form 8332 and 8453

Forum|Forum|1 year ago
February 2, 2025
2 replies
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If partner (custodial) ( we are not yet married but live with our 2 year son in the same apartment) fills form 8332 does she also need to fill form 8453? or form 8453 needs to be filled by me (noncustodial parent). I am really confused.

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xmasbaby0

Level 15

Forget about 8332 if you all live together as a family. That form is used by divorced or never married parents who live apart and share physical custody.

Since all of you live together, only one of you enters anything about the child on a tax return. The other parent does not enter anything at all about the child on their return. That parent files as Single.

It is usually better for the one who earns more to claim the child and use Head of Household filing status, and they also get EIC, child tax credit and childcare credit.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

eyongtaxAuthor

Level 2

Thank you so much for your response. Also sorry as I forgot to give background information. My I and my partner had a verbal agreement that I will be claiming our son this tax season since she won't have enough return if she does. However she forgot to remove his social security b4 she file her tax return. So after I claimed and filed my own return it was immediately rejected because on the IRS system it shows that his social security has been used on another accepted tax return. I reached out to the turbo tax team for help and the representative told me that In order to rectify the issue, My partner need to fill form 8332 and mail it to IRS how ever they did not go too much in depth on how we should go about form 8453. That is why we are stuck on whether she is the one that is suppose to fill form 8453it or i am the one that needs to fill it.

xmasbaby0

Level 15

That was poor advice. The child can only be claimed on one tax return since all of you live together. Your partner should amend and remove all mention of the child from her return if she is not claiming the child. There is no "splitting" of the child-related credits when you all live together, so using 8332 is not appropriate. If you are the higher earner and are claiming the child, then your own return claiming the child can be filed by mail since all attempts to e-file with the child's SSN will be rejected.

Or......there is another possible solution:

GET IP pin in order to e-file if your dependent’s SSN was claimed on another return

https://www.irs.gov/newsroom/irs-takes-steps-to-help-prevent-refund-delays-by-accepting-duplicate-dependent-returns-with-an-ip-pin-for-2025-filing-season-taxpayers-encouraged-to-sign-up-soon-for-ip-pin-online-account

BrittanyS

Level 12

Since you are not married, then you do not have to fill out form 8332 or 8453. Either parent can claim the child. The person who paid over half the household expenses would be able to claim head of household status if they claimed the child. To qualify for Head of Household you must meet the following requirements: