Should of I gotten credit on last years tax return for my daughter if my daughters father claimed her? She spends equal time with both of us throughout the year.

[xmasbaby0]

There is no such thing as 50-50 custody.   The IRS cares which parent the child spent the most nights with---at least 183 nights determines which parent the IRS considers to be the custodial parent.  So---which one is the custodial 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 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.

If you are a non-married couple who live together then only one of you can claim the child(ren) and the one not claiming the child does not enter anything at all on their tax return about the child. 

[desistang04]

We had a verbal agreement last year that her father would claim her.  We have since been to court and will be alternating years starting claiming her with me claiming her for 2021.  I don't see that I receive a child tax credit as the non-custodial parent of a child under 17 on last year's tax return.

[xmasbaby0]

You did not get the CTC  for 2020 if you did not say on your own tax  2020 return that you had a signed agreement with the other parent.  And ....you say that you do not have a signed agreement.   You say you have a verbal agreement.    What's the plan for the 2021 return?    

And.....you did not respond to the question about which one of you the child spent the most nights with.

[desistang04]

She spends an equal amount of time with both of us.  The court agreement is I claim her for odd years, and he claims her for even years.

[Critter-3]

There is no such thing in the Federal tax law as 50/50, split, or joint custody.  The IRS only recognizes physical custody (which parent the child lived with the greater part, but over half, of the tax year.  That parent is the custodial parent; the other parent is the noncustodial parent.)

Who can claim the exemption and credits depends on who is the custodial parent. (By the IRS definition of custodial parent for tax purposes - this is not the same as the custody that a court might grant.).

The test that the IRS uses to determine the custodial parent is where the child lived for more than 1/2 (or greater part) of the year. The IRS will go so far as to require counting the nights spend in each household - that person is the custodial parent for tax purposes (if exactly equal and more than 183 days - The custodial parent is the parent with the highest AGI, if less than 183 days then neither parent has custody). That can usually only occur if both parents lived with the child at the same time.   And yes they are that picky.

The custodial parent may claim everything child related  UNLESS they waive the dependency exemption to the non custodial parent via a form 8332.... in that case the child may be used on 2 separate returns but only in the following way :

Only the Custodial parent can claim: (Child would be listed as non-dependent EIC & CC only)
-Head of Household 
-Earned Income Credit
-Child Care Credit

The non custodial parent can only claim: (Child would be listed as dependent)
-The Exemption
- The Child Tax Credit

See Special rule to divorced or separated parents (or parents who live apart) on page 32:
https://www.irs.gov/pub/irs-pdf/p17.pdf

But only if specifically specified in a pre-2009 divorce decree, separation agreement or the custodial spouse releases the exemption with a signed 8332 form - after 2009 the IRS only accepts a signed 8332 form that must be attached to the non-custodial parents tax return.

[xmasbaby0]

Okay----you did not read carefully and do not understand the way the IRS looks at custody.  There are 365 nights in a year.   As far as the IRS is concerned the "custodial" parent is the one with whom the child spent OVER half the nights---at least 183 nights.   The custodial parent can say they have a signed agreement and then the child-related credits are divvied up between you as already described to you in the previous reply.

But you cannot have it both ways. If you want to take turns with even and odd years then why ask if you get any credits for an even year.    If you and your "ex" want to take turns with even and odd years then there will be years when you get nothing and when he gets all the child-related credits.  So for even year 2020-- you got no child tax credit, no stimulus payments for the child, no childcare credit, no earned income credit and could not claim your child in order to file as Head of Household.   For 2021, you can get those credits and he does not.     

[Critter-3]

The custodial parent may claim everything child related  UNLESS they waive the dependency exemption to the non custodial parent via a form 8332.... in that case the child may be used on 2 separate returns but only in the following way :

Only the Custodial parent can claim: (Child would be listed as non-dependent EIC & CC only)
-Head of Household 
-Earned Income Credit
-Child Care Credit

The non custodial parent can only claim: (Child would be listed as dependent)
-The Exemption
- The Child Tax Credit

See Special rule to divorced or separated parents (or parents who live apart) on page 32:
https://www.irs.gov/pub/irs-pdf/p17.pdf