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Returning Member
posted Nov 16, 2022 10:49:16 AM

Filing Form 8332 online

I am recently divorced and my ex spouse signed two Form 8332 (one for each of my 2 dependents) starting with tax year 2022.  Since I file my return online via turbotax, how do I include two Form 8332 as proof that I have rights to claim the exemption for both of my dependents?  I have not seen an option for Form 8332 in the turbotax software.

 

For 2022, I will file as "Head of Household" and have 2 Form 8332 in hard copy, both signed by my ex spouse.  Please advise how I include Form 8332 with the return.

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5 Replies
Employee Tax Expert
Nov 16, 2022 12:45:48 PM

No, The Form 8332 can't be e-filed. The non-custodial parent must have signed the form and then mail it to the IRS along with the transmittal Form 8453 within 3 business days from the date the return is accepted. The 1040 income tax return can still be e-filed.  On the 8453 you simply check the box Form 8332, Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent.

 

The forms should be mailed to:

Internal Revenue Service
Attn: Shipping and Receiving, 0254
Receipt and Control Branch
Austin, TX 73344-0254

 

I hope that helps.

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Returning Member
Nov 16, 2022 4:39:34 PM

Hello and thanks for the reply.  A few follow up questions if OK?

  1. Can you clarify what "mail it to the IRS along with the transmittal Form 8453 within 3 business days."  means exactly?  Does this mean within 3 days of filing my 2022 return?  Meaning, if I e-file my 2022 return on April 15th I should send form 8453 and 8332 by mail no later than April 18th for example?  
  2. Please clarify the advice "The non-custodial parent must have signed the form " as Form 8332 does NOT have a signature line for the non-custodial parent, there is only a signature line for the custodial.  My ex spouse signed two Form 8332s (one for each of my two dependents) granting me permission to claim the exemptions as the non-custodial parent as part of our divorce agreement.  Can you please clarify/advise on the non-custodial signature requirement as I do not see that option on the form.

Thank you very much!

Employee Tax Expert
Nov 17, 2022 7:00:57 AM

I have modified my original post to answer those questions for you.

Let me know if I can be of any further assistance on this question.

 

Returning Member
Nov 17, 2022 8:03:21 AM

Thank you for the updated reply.  My first question about when to send (within 3 days of the e-file being accepted) has been answered.  Thanks for that.

 

My second question is still open.  Form 8332 does NOT have a signature line for the non-custodial parent, it only lists the name and SS#.  However there is a signature line for the custodial parent.  Can you please clarify what you mean when you say the "non-custodial parent should sign the form" as there is literally no place to sign it as the non-custodial.  Please advise and thanks again.

 

 

Level 15
Nov 17, 2022 8:27:35 AM

Note that if you are the non custodial parent you can’t file Head of Household when you claim your dependents. That filing status is reserved for the custodial parent even though that parent didn’t claim the dependency. Same is true of child care credit and earned income credit.