Do I need to file Form 8332? I'm married filing separate, and have claimed our child on my taxes each year. We live in the same household.

[DoninGA · Accepted solution]

If you are legally married and living together there is no need for a Form 8332.  You just need to decide between you who will claim the child on their tax return.  The other party not claiming the child does not enter the child on their tax return as a dependent.

Why are you filing separately?  That is the worst way to file when you are married and have a child as a dependent.

See this TurboTax support FAQ for filing Jointly versus Separately - https://ttlc.intuit.com/turbotax-support/en-us/help-article/taxation/better-married-couple-file-join...

[rjs · Accepted solution]

If you, your spouse, and the child all live in the same household all year, you do not need Form 8332. That form is for situations where the parents live separately, the child lives with one of the parents, and the other parent, that the child does not live with, claims the child.

[xmasbaby0]

Why are you filing separate returns when you have a child?   Do you realize that you may be sacrificing some child-related credits by filing that way?

If you were legally married at the end of 2024 your filing choices are married filing jointly or married filing separately.

Married Filing Jointly is usually better, even if one spouse had little or no income. When you file a joint return, you and your spouse will get the married filing jointly standard deduction of $29,200 (+ $1550 for each spouse 65 or older)  for 2024. You are eligible for more credits including education credits, earned income credit, child and dependent care credit, and a larger income limit to receive the child tax credit. 

If you choose to file married filing separately, both spouses have to file the same way—either you both itemize or you both use standard deduction. Your tax rate will be higher than on a joint return.

 Some of the special rules for filing separately include: you cannot get earned income credit, education credits, adoption credits, or deductions for student loan interest. A higher percent of your Social Security benefits may be taxable. Your limit for SALT (state and local taxes and sales tax) will be only $5000 per spouse. In many cases you will not be able to take the child and dependent care credit. The amount you can contribute to a retirement account will be affected. If you live in a community property state, you will be required to provide additional information regarding your spouse’s income. ( Community property states:  AZ, CA, ID, LA, NV, NM, TX, WA, WI)

 If  you are using online TurboTax to prepare your returns, you will need to prepare two separate returns and pay twice since with online, you get one return per fee.

https://ttlc.intuit.com/questions/1894449-married-filing-jointly-vs-married-filing-separately

https://ttlc.intuit.com/questions/1901162-married-filing-separately-in-community-property-states

https://ttlc.intuit.com/questions/1894449-is-it-better-for-a-married-couple-to-file-jointly-or-separ...