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Lev, Tax Advisor
Category: Tax
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Experience:  Taxes, Immigration, Labor Relations
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since 1996 i signed a waiver for my husband to claim my daughter

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since 1996 i signed a waiver for my husband to claim my daughter as an exemption on his income taxes. he told me that i could not check the box that she lived with me more than 6 months out of the year since i signed this. In all actuality she resides with me for at least 10 months out of the year. what can i do to amend past returns to reflect that he filed head of household when he shouldnt have? i have physical custody although we share joint custody. he does provide more than half of her support but she doesnt live with him.
Submitted: 6 years ago.
Category: Tax
Expert:  Lev replied 6 years ago.

The IRS will not look or ask for a divorce decree and would not ask about a joint legal custody..


Under the IRS rules the custodial parent is the parent with whom the child lived for the greater part of the year. The other parent is the noncustodial parent.

The IRS will award dependency exemption to the custodial parent.


The custodial parent may release the claim to the noncustodial parent by signing the form 8332 - - should be filed with the noncustodial parent's tax return. The non-custodial parent - you should obtain that form signed by the custodian parent for specified years.


Please refer to the IRS publication 504 -

If a child is treated as the qualifying child of the noncustodial parent under the special rule for divorced or separated parents, only the noncustodial parent can claim an exemption and the child tax credit for the child.

However, the noncustodial parent cannot claim the child for head of household filing status, the credit for child and dependent care expenses, the exclusion for dependent care benefits, and the earned income credit. Only the custodial parent (or other eligible taxpayer) can claim the child as a qualifying child for these four tax benefits.


Let me know if you need any help.


Customer: replied 6 years ago.
thank you, XXXXX XXXXX i go back from 1996 to now and amend my returns. the child lived with me all those years and my ex claimed head of household when he was really single.
Expert:  Lev replied 6 years ago.

Unfortunately - while you may amend your past returns - you generally would not be able to receive any additional refunds for all returns due to statute of limitation.


The statute of limitation to claim a refund is three years from the time the tax return was due.

Thus - for 2006 tax year - the tax return was due on Apr 15, 2007 and statute of limitation will run out on Apr 15. 2010.

So you will able to claim additional refund on 2006 and later years only.



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