Who files Form 8332 and Form 8453 in releasing claim to a dependent?

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    The custodial parent provides Form 8332 to the non-custodial parent, who must include it with their tax return.
    • We are the grandparents who have provided all the support for CY 2012.  The non-custodial parent can not be located. Would we be considered non-custodial parents in this situation?
    • "Would we be considered non-custodial parents in this situation?"

      You would not.  If you were the grandparents, the child lived with you and either parent did not, you would be the custodial parent.  There would be no reason to use Form 8332.

      The dependent interview has changed in 2011.  In the Turbotax interview it asks your relationship to your dependent.  Do not select that your grandchild is your child, but do select the other option - i.e., that the dependent is someone else that you support.  That should give you the opportunity to click on a drop down list that includes brother, sister, aunt, uncle, niece, nephew, grandchild, grandparent or other.
    • During the TT interview we did follow the second option identifying the child as our grandchild, completing all the information etc.  The father and child lived in our home during CY 2012, my wife and I providing all support.  The father collected unemployment, no earned (job) income.  The father is the custodial parent.

      I've included Form 8332 in our tax return, however, by my interpretation we also need to file Form 8453 along with Form 8332.  When selecting Form 8453 I can only place a check-mark next to Form 8332, I can not fillout all the "header" information (i.e. Name, SSN, Address etc.).  Also, Form 8453 does not show up in the lefthand column under Federal Forms.

      My concern is the inability to include Form 8453 along with Form 8332 when I complete and submit my e-file using TT Deluxe.
    • Citing and Interpreting Publication 501: Special Rule for Qualifying Child of More Than One Person

      Example 1 - Child lived with parent and grandparent
    • Form 8332 does not apply in this situation.  Form 8332 is used to transfer the exemption between parents, not between a parent and a grandparent.

      If the child's father lived with you then the child would be a qualifying child of both of you.  In that situation, regardless of Dad's income, if he claims the exemption for the child, you cannot.

      You only need Form 8453 if you need Form 8332.  You don't need Form 8332.  Just claim the child as your dependent.
    • Thank YOU!
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