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Skybase
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Splitting a child for tax purposes

So my girlfriend and I have a shared child and lived together most of the year.  We split up and she moved out with the kids, but we are looking at me claiming our child for tax credit purposes only, while she claims for the earned income, dependant care etc. I know this can be done, but can it be done through TurboTax online filing, and if so how does one do it?  I can't remember from previous years if when entering dependants if it combines all of those without an option for splitting.

Need to know before either of us file so that we can both fill out our taxes properly.  Hopefully through TurboTax but if not then needing to know easiest way to do this.

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2 Replies

Splitting a child for tax purposes

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.**

Splitting a child for tax purposes

To make this work, your girlfriend will:

  • indicate the children lived with her more than half the year (she picks 7 months or longer)
  • there is a custody agreement in place
  • she will give the other parent (you) a form 8332 dependent release.

Turbotax will allow her to use the HOH status and EIC, but not claim the $2000 child tax credit.

Then she must give you a signed form 8332 showing which children you can claim and for which years. 

 

You will

  • indicate the children lived with you less than half the year (pick 5 months or less)
  • there is a custody agreement
  • the other parent will give you a signed form 8332

Turbotax will allow you to claim the $2000 child tac credit but not the other items.

You will also need to mail the original signed form 8332 to the IRS after you e-file the rest of the return (keep a copy for your records of course). Turbotax will ask you to print out a cover page to mail with the 8332.

 

You won't have rejection problems with e-filing as long as you each file correctly. 

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