I know the tax laws allow me to do this, I just can't get TT to give me the option to choose my child so I can claim the expenses. Anyone figure this out?
How did you answer the question in My Info when you were asked if you have a signed agreement with the other parent?
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 18.
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.
I answered that I do have an agreement--not my year to claim. I am the custodial parent due to my higher AGI, though we split nights 50/50. It sounds like I am not getting the option to choose my child for dependent care expenses because I am filing Single and not as Head of Household. If this is the problem, does TT provide a mechanism for signing and including form 8332 (since this appears to be a prerequisite to filing as HoH) and how do I switch filing status mid-stream (I'm almost done with my return)?
The other parent will need to complete Form 8332 on their return. Yes, you can access Form 8332 in TurboTax. To get to the page in TurboTax that addresses Form 8332, type the following in the search bar: revocation of release of claim to exemption for child of divorced or separated parents. Then click on the jump-to link and you will see the page Releasing an exemption. However, because the other parent will claim the child this year, it is the other parent that will need to release the exemption so that you can claim the child as a dependent, and thus, claim the child and dependent care credit.
Form 8332 cannot be e-filed. The other parent should complete Form 8332 and give you the signed original copy so that you can mail it to the IRS. You can still e-file the remaining part of your tax return when complete. TurboTax will include instructions with Form 8332 when it has been completed by the other parent.
According to the IRS, your filing status cannot be Married Filing Separately if you want to claim the credit for child and dependent care expenses. Filing as single or HoH should not interfere with your ability to claim the child and dependent care credit.