Nondependent - dependent care only

Forum|Forum|2 years ago
January 28, 2024
1 reply
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We are a separated couple with a child filing separate taxes. The TurboTax system is letting us both add our child to our taxes, which I thought only one of us can claim. It has the child listed as my nondependent since I entered the child care expense and my ex-wife is claim the child with head of household and EIC. Is this correct? Can we both e-file this way?

TurboTax Deluxe Online

xmasbaby0

Level 15

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. 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.

If you are a non-married couple who live together then only one of you can claim the child(ren) and the one not claiming the child does not enter anything at all on their tax return about the child.

**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.**