Do I file IRS Form 8332 as the custodial parent wi...
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Do I file IRS Form 8332 as the custodial parent with a verbal agreement from her dad that I get to claim her?

I am the custodial parent - IRS Form 8332 Part I states Release of Claim to Exemption.. I am confused, I'm claiming my daughter - not "I agree not to claim...".
2 Replies
Level 15

Do I file IRS Form 8332 as the custodial parent with a verbal agreement from her dad that I get to claim her?

Form 8332 is not verbal---it is a signed document.

 

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 + education credits if the child is a full-time college student.  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.

**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.**
Level 15

Do I file IRS Form 8332 as the custodial parent with a verbal agreement from her dad that I get to claim her?

No.  You don't need a 8332 form.  It is if you are NOT claiming the child and you give it to the other parent to the other parent can claim and file there form with their tax return.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**
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