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awalls675
New Member

I had a child in December, do I or the child's father claim her as a dependent

 
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DianeW
Expert Alumni

I had a child in December, do I or the child's father claim her as a dependent

There are different rules based on whether you and the father live apart or together.  Also, whether you are married or single. The child is considered to have lived all of 2016 even though she was born in December.

If you are married you would file together and claim your child.

If you and the father live together then your child becomes the qualifying child of more than one person.  Only one person can actually treat the child as a qualifying child to take all of the following tax benefits (provided the person is eligible for each benefit). 

  • 1. The exemption for the child. 
  • 2. The child tax credit. 
  • 3. Head of household filing status. 
  • 4. The credit for child and dependent care expenses. 
  • 5. The exclusion from income for dependent care benefits. 
  • 6. The earned income credit.

You can make an agreement that only one of you claims the child or under the Tie-Breaker Rules the IRS will treat the child as the qualifying child of the parent with whom the child lived for the longer period of time during the year. If the child lived with each parent for the same amount of time, the IRS will treat the child as the qualifying child of the parent who had the higher adjusted gross income (AGI) for the year.

If you do not live in the same household as the father, you are entitled to claim your daughter as a qualifying child if you meet the rules noted on the attachment . If you live with someone else, such as your parents you may allow them to claim your daughter if you are not the qualifying child of your parents.

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1 Reply
DianeW
Expert Alumni

I had a child in December, do I or the child's father claim her as a dependent

There are different rules based on whether you and the father live apart or together.  Also, whether you are married or single. The child is considered to have lived all of 2016 even though she was born in December.

If you are married you would file together and claim your child.

If you and the father live together then your child becomes the qualifying child of more than one person.  Only one person can actually treat the child as a qualifying child to take all of the following tax benefits (provided the person is eligible for each benefit). 

  • 1. The exemption for the child. 
  • 2. The child tax credit. 
  • 3. Head of household filing status. 
  • 4. The credit for child and dependent care expenses. 
  • 5. The exclusion from income for dependent care benefits. 
  • 6. The earned income credit.

You can make an agreement that only one of you claims the child or under the Tie-Breaker Rules the IRS will treat the child as the qualifying child of the parent with whom the child lived for the longer period of time during the year. If the child lived with each parent for the same amount of time, the IRS will treat the child as the qualifying child of the parent who had the higher adjusted gross income (AGI) for the year.

If you do not live in the same household as the father, you are entitled to claim your daughter as a qualifying child if you meet the rules noted on the attachment . If you live with someone else, such as your parents you may allow them to claim your daughter if you are not the qualifying child of your parents.

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