I'm claiming two of my children that I haven't claimed Ina long time what document do I need to attach their birth certificate 8332 or 8812

[xmasbaby0]

No you do not attach their birth certificates.   

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.

[Vanessa A]

If you had legal and physical custody of your two kids for more than half of the year in 2021, you do not need to attach anything to your return to prove they are your kids.

As you walk through TurboTax, if your 2 children are qualifying children, then form 8812 will be attached to your return to claim the child tax credit.

If their other parent had custody of your kids for more than 6 months and are allowing you to claim them this year, then yes, they would need to fill out form 8332 for each child to give you permission to claim them this year. 

[Sbyrd88]

My brother claimed them last year but I'm claiming them this year will the IRS ask for any further documents I don't want my return to be sent back to me and delay my refund

[DianeW777]

You will need to attach Form 8332 signed by the custodial parent if the children don't live with you.  

Depending on the age of the child, you would be entitled to the child tax credit (CTC). The amount of the credit, which is refundable could be as high as $3,600 (child under six years of age or $3,000 (child 6 years of age or older).

First, the custodial parent, assuming this is the mother, must sign a Form 8332 that you must attach to your return.  Click the link to print and complete the form with the mother's signature. If you are the noncustodial parent who lists zero or less that seven months and the custodial parent is allowing you to take the dependent for Child Tax Credit (CTC), you have in possession a Form 8332 to claim the child signed by the custodial parent, then you do have an agreement. 

Answer the questions as you enter this dependent indicating this child does not live with you, if this is the case.

Once your tax return has been accepted at the IRS, you must mail the Form 8332, with Form 8453.  TurboTax will provide all the instructions and the address is here for your convenience.

If you are e-filing your tax return, then mail your statements along with Form 8453 to: 

Internal Revenue Service

Attn: Shipping and Receiving, 0254 

Receipt and Control Branch 

Austin, TX 73344-0254

If the mother or other person (brother) did receive the advance child tax credit (ACTC), she may have to pay some of this back unless she qualifies for the Repayment Protection.  When she files her tax return TurboTax will help with this when you answers the questions for the ACTC.

What is Repayment Protection?

Repayment protection is an income-based program that reduces the amount of excess ACTC payments you have to repay.

Full repayment protection equals $2,000, multiplied by the following:

• The number of qualifying children that the IRS took into account when estimating your advance Child Tax Credit payments, minus
• The number of qualifying children you’re claiming on your 2021 tax return.

To be eligible for full repayment protection, your adjusted gross income (AGI) for the 2021 tax year must be at or below the following:

• $60,000 if you are married and filing a joint return or if filing as a qualifying widow or widower;
• $50,000 if you are filing as head of household; and
• $40,000 if you are a single filer or you are married and filing a separate return. 

Please add any additional questions here.

[Sbyrd88]

I asked my brother to opt out of the advance payment so I could file all four of my children this year, will I need to attach any forms so there is no hold up on my taxes

[Vanessa A]

Did your brother have custody of your kids?  Who do your kids live with?  

[Sbyrd88]

They live with me do I need to send any forms to claim them this year

[Vanessa A]

Did they live with you for more than 6 months?  If so, then no.  You do not need form 8332 unless you gave legal custody of your kids to your brother.  If he has legal custody, then it would be a good idea to include form 8332.  

[Sbyrd88]

No he doesn't have legal custody so am I good to go

[KrisD15]

If circumstances changed and the children are your dependents, then claim them as such. 

If the Taxpayer who claimed them on their 2020 tax year return (your brother) received Advance Child Tax Credits, they may be responsible for repayment. 

There is no need to include any additional paperwork with your return, but you might want to keep records with your tax file, such as school or medical records, if they could indicate the children lived with you more than half the year in 2021.