Hello. I need help understanding the Child & Dependent Care Credit.
I am the custodial parent (children lived with me more than half the year), and the noncustodial parent paid 100% of the daycare expenses.
Under IRS rules, can either of us claim the credit using those expenses on Form 2441 or does no one claim it?
Where in IRS guidance or publications does it say this?
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Only the custodial parent can claim the child care credit. It doesn’t matter who actually paid those expenses. The custodial parent gets to claim that credit even if they don’t claim the child as a dependent.
see IRS pub 503.
What would be my filing status as non-custodial parent if this year my turn to claim child tax credit based on decree court ? My child lived with custodial parent all the year.
If you are the non-custodial parent and claiming the child tax credit, your filing status is Single (assuming that you are not married). To qualify as Head of Household requires that your dependent live with you over 1/2 the year so you cannot claim Head of Household in this instance.
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