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New Member
posted May 31, 2019 6:28:17 PM

I have form 8332 to claim my dependent; do I mail this to the IRS and State and am I still eligible for rapid refund or electronic pay?

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24 Replies
New Member
May 31, 2019 6:28:19 PM

do they have to receive the signed form before I get my tax return or will that still be done electronically

Level 15
May 31, 2019 6:28:19 PM

Has the Custodial parent signed it?

If you are filing your return electronically, you must file Form 8332 with Form 8453, U.S. Individual Income Tax Transmittal for an IRS e-file Return. If you are filing your tax return using an online provider, mail Form 8453 to the IRS within 3 business days after you have received acknowledgement from your intermediate service provider and/or transmitter that the IRS has accepted your electronically filed tax return. 

Mail Form 8453 to:

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

https://www.irs.gov/pub/irs-pdf/f8453.pdf

New Member
May 31, 2019 6:28:21 PM

am I still eligible for the rapid electronic refund or do they have to receive the signed form before I get my tax return

New Member
Feb 1, 2020 1:10:55 PM

Where do I send my 8332 form too

Intuit Alumni
Feb 1, 2020 2:20:57 PM

Form 8332 is generally attached to the claimant's tax return.

 

To complete Form 8332 in Turbo Tax, type revocation of release of claim to exemption for child of divorced or separated parents in the search box and choose Jump To.

 

Follow the onscreen instructions to complete the return.

 

Please see these links for more information on the form:  What is Form 8332?   Accessing Form 8332 in Turbo Tax

New Member
Feb 3, 2021 2:50:29 PM

Thanks! 

 

1.  Will Turbotax then adjust to include the Child Tax Credit?

 

I am only getting the 'Other Dependent Tax Credit' now which is $3500 when I believe I should be getting the CTC for 7 children.  They did not live with me for 6 months out of the year, but my wife will fill out the 8332 form..

 

Thanks,

Expert Alumni
Feb 3, 2021 4:04:28 PM

No, The Form 8332 can't be e-filed. The non-custodial parent must signed the form and mail it to the IRS along with the transmittal Form 8453 within 3 business days. The 1040 income tax return can still be e-filed.

 

The form 8332 is used by the custodial parent for the following reasons:

  1. Release a claim to exemption for the child to non-custodial parent.
  2. Revoke a previous Form 8332. 

New Member
Feb 24, 2021 4:40:15 AM

Will I still receive my refund quick or will it take longer 

Intuit Alumni
Feb 24, 2021 9:09:35 AM

@dmageo Under normal circumstances for tax returns that are printed and mailed in, the IRS asks you wait 4 weeks after you mail your return before looking up your refund at  the IRS Where's My Refund? site. Once your return has been accepted by the IRS, it normally takes about 21 days, although some returns take more time to review.

Please see the links below for more information:

New Member
Feb 24, 2021 9:12:24 AM

I e-file my return but I had to mail in forms 83332 and 8453

New Member
Mar 11, 2021 10:16:33 AM

I don’t remember mailing form 8332 when I filed in June, 2020. 
coukd that be why my return is still processing  and I still haven’t recurved my refund? Is it too late to mail that now to allow my return to be processed? 

Level 9
Mar 11, 2021 12:12:28 PM

If you need to file Form 8332 Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent, it could be the cause of your return still being in the state of process.  Once you have already filed your return, you cannot mail the form in separately.  

You can check the reason for the delay through your IRS account.

 

You can check the status of your return not only through TurboTax, but also through the IRS website using your IRS Online Account.

 

Online Account is an online system that allows you to securely access your individual account information.  You can view:

  • The amount you owe, updated for the current calendar day
  • Your balance details by year
  • Your payment history and any scheduled or pending payments
  • Key information from your most recent tax return
  • Payment plan details, if you have one
  • Digital copies of select notices from the IRS
  • Your Economic Impact Payments (EIP 1 and EIP 2), if any

You can also:

  • Make a payment online
  • See payment plan options and request a plan via Online Payment Agreement
  • Access your tax records via Get Transcript

Here is the link to see your Online Tax Account.

 

@vata8000

New Member
Mar 13, 2021 5:12:42 PM

I just e-filed my 2020 tax return. So I am to wait until I get confirmation that my return was accepted by the IRS, and then the other parent should mail forms 8332 and 8453 together? 

Level 8
Mar 14, 2021 8:47:20 AM

The custodial parent is the "filer" of the 8332. They would fill out this form IF 1) they are releasing their claim to the child to the noncustodial parent in a given tax year, OR 2) to revoke any prior/future release of their claim to the child for tax purposes. If you are the noncustodial parent who is claiming the child for 2020, the custodial parent (assuming this is who you are referring to when you say "the other parent") would be the one to fill this out and file with their return. Then, once the IRS receives both returns and verifies that the custodial parent has, in fact, released their claim, then return will be processed. In past, there have been many instances where the noncustodial parents' return has been processed without this electronic verification, however, when the custodial parent files - and there is no 8332 release of claim filed along with it, a letter would go out to both parties indicating this along with instructions to follow to correct the error.

New Member
Mar 14, 2021 9:02:45 AM

We have never done this in the past, and never gotten any letters or had any issues. We trade who claims our son every year, but on occasion we will agree to let the other have two years in a row. It’s possible that some years my son’s father never filed. How is it that I’ve been able to claim my son all of these years without him sending those forms in? He probably won’t file anytime soon. Does that mean that my return will be shelved until his is filed? Would there even be any information on my return indicating that it shouldn’t be processed until my ex’s is? 

Level 8
Mar 14, 2021 9:24:00 AM

No, if either or both of you indicate in the software system that you do, in fact, have in your possession a signed 8332 then it will "think" to look for one. If you checked the box that you do not have one, then they system (and therefore the IRS automated system) will not "think" to look for one. That is most likely why you have had no issues in past with the processing of your return - if you never indicated that you had this form.  

New Member
Feb 18, 2022 5:36:42 AM

Wendy, you are incorrect.  The custodial parent IS NOT the “filer”; The NONCUSTODIAL PARENT must file the 8332 with his/her tax return. This is very clear in the “instructions” that are on page 2 of Form 8332. 

Returning Member
Feb 19, 2022 6:20:40 PM

The non-custodial parent files the Form 8332, not the custodial parent.

New Member
Apr 20, 2022 1:09:13 PM

The noncustodial parent has to fill out form 8332 and the custodial parent has to fill out and sign form 8452 and the noncustodial parent file it with their taxes. 

Level 15
Apr 20, 2022 1:33:19 PM

@JodieH3696 There is no Federal form 8452.  Are you referring to some state tax form?

New Member
Apr 20, 2022 8:54:48 PM

I meant form 8453.

New Member
Jan 7, 2024 12:53:34 PM

Can I get earned income credit with form 8332 tax form

Expert Alumni
Jan 8, 2024 9:24:28 AM

Maybe.  Per the IRS: "The noncustodial parent may not claim a child as a qualifying child for the earned income credit based solely on the custodial parent's release of a claim to exemption for the child as their dependent.

  • The custodial parent may still be able to claim the child as a qualifying child for the earned income credit if the residency test and all the other requirements are met."

To qualify for the EITC, a qualifying child must:


Publication 501- Page 12


 

Level 15
Jan 8, 2024 9:35:25 AM

@Herras

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 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.