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har_tiy91
New Member

Can I use form 8332 to revoke a Grandparent who claimed my children last year

My ex mother in law claimed my children last year since we lived with her in 2020 but all of 2021 we lived in another state but I feel like she may try to claim them this year because she received the advanced tax payments when she should have opted out.
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3 Replies
Vanessa A
Expert Alumni

Can I use form 8332 to revoke a Grandparent who claimed my children last year

If they did not live with her for more than half of the year and she did not provide more than half of their support, she is not allowed to claim them this year. 

 

You can still claim the Child Tax Credit in full whether or not she received the advanced payments.

 

Depending on which one of you file your returns first, if she does try to claim them, you may have to print and mail your return as it will be rejected for duplicate use of your dependents Social Security Numbers. 

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Can I use form 8332 to revoke a Grandparent who claimed my children last year

The form 8332 is only used between the custodial and non custodial parents ONLY.  Anyone else needs to qualify to claim the child on their return. 

Hal_Al
Level 15

Can I use form 8332 to revoke a Grandparent who claimed my children last year

Q. Can I use form 8332 to revoke a Grandparent who claimed my children last year?

A.  No. As Critter-3 said, that form is only for different circumstances.

 

All you can and should do is file your tax return appropriately.  Depending oh her income, your mother-in-law may even get to keep some of the advance payment, even though you will be getting the full child tax credit. In some circumstances duplicate payments are allowed. But she shouldn't count on it.  Some (or all) may have to be repaid. 

 

You should let her know you'll be filing, so she doesn't try.  You are the only one allowed to claim the child (it is not optional), based on where the child live in 2021.

 

If someone else claims your child inappropriately, and if they file first, your return will be rejected if e-filed. You would then need to file a return on paper, claiming the child as  appropriate. The IRS will process your return and send you your refund, in the normal time. Shortly (up to a year) thereafter, you'll receive a letter from the IRS, stating that your child was claimed on another return. It will tell you that if you made a mistake to file an amended return and if you didn't make a mistake to do nothing. The other party will get the same letter you did. If one of you doesn't file an amended return, unclaiming the child, the next letter, from the IRS, will require you to provide proof. Be sure to reply in a timely manner.

Winner gets the tax benefits; loser gets to pay the IRS back with penalties and interest.  

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