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?
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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.
Ex-wife gets to claim him on taxes per agreement. I am just not sure if I can add the daycare expense if she claims the child
Only the custodial parent can claim the childcare credit.
It sounds like somebody has answered the interview questions incorrectly. Only the parent who has physical custody more than half the year can use the child to qualify for head of household, EIC, and the childcare credit.
If you have physical custody more than half the year, you would answer in the program that you had custody seven months or more, (because the program interprets six months as exactly half the year, and you have to have custody more than half the year); you would indicate that another parent is going to claim the child as a dependent; and you would indicate that you are giving the other parent a signed form 8332. This will give your child the “nondependent“ status, and will qualify you to claim the childcare credit, EIC, and head of household. The parent who does not have custody more than half the nights of the year will indicate that they had custody less than half the year by picking five months or less in the program. They will indicate that they will be receiving a form 8332. In that case, the tax program will allow them to claim the $2000 child tax credit, but will not allow them to claim ahead of household or EIC.
If the parent who did not have custody more than half the year is being allowed to claim head of household or EIC, then they answered the interview wrong. This will cause an e-file conflict, and will cause the IRS to launch an investigation. Also, the non-custodial parent must mail a paper signed copy of form 8332 to the IRS within three days after e-filing. This will be indicated in the TurboTax instructions, and TurboTax will tell the taxpayer to print a special cover page (form 8543 I believe) to accompany the custody release form.
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