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I have a son with a person I am not married to. I have him

I have a son with...
I have a son with a person I am not married to. I have him 50% of the time and she has him 50% of the time by court order. Who gets to claim him as a dependent on our taxes.
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Answered in 4 minutes by:
10/8/2013
Megan C
Megan C, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 16,581
Experience: Licensed CPA, CFE, CMA, CGMA who teaches accounting courses at Master's Level
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Megan C :

Hello! I am a CPA here to assist you with your tax questions. My goal is to provide you with excellent service today.

Megan C :

How are you today?

Megan C :

I realize that it's difficult determining who gets custody of a child for tax purposes. The IRS's stance is that it is the parent with whom the child stays the most nights with.

Megan C :

As there are an odd number of nights in the year typically, someone will have the child one more night.

Megan C :

Experts recommend keeping a log of when the child stays with you so that you have proof of your entitlement in the event that both parents claim the same child.

Megan C :

The easiest thing to do would be to get with your child's mom and get into an agreement where you claim him one year, her the other, and so on and so forth. If you are in agreement, then there won't be any problems down the road.

Megan C :

If that's not possible, the person who claims the child first will get the deduction, and when the second return is filed the IRS will request records from both parties to determine who is entitled to the deduction.

Customer:

I tried that and she has been claiming him

Megan C :

I understand. You would need to have records that proved that you had the child more than the other parent.

Megan C :

Is there anything else that I can assist you with today?

Megan C :

Here's a good resource for those who are sharing custody of the child. The part you are interested in is found under the header "tax custody is different."

Customer:

thank you. That will help.

Megan C :

CLICK HERE

Megan C :

I realize that you aren't divorced, but the custody situation is similar

Megan C :

If you have no further questions, please take a moment to rate my response as "excellent" so that I may receive credit for assisting you today

Megan C
Megan C, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 16,581
Experience: Licensed CPA, CFE, CMA, CGMA who teaches accounting courses at Master's Level
Verified
Megan C and 87 other Tax Specialists are ready to help you
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David,

In cases where your son is with both parents equally the tiebreaker rule for the IRS would be the parent with the higher AGI (income) gets the deduction. So, if you tally up your nights and find that both are evenly split, then that's what the IRS would use to determine who is entitled to the deduction.

Thanks for the positive rating, and please come back and see me next time you have a question.

Thanks!

Megan
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Megan C
Megan C
Megan C, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 16,581
16,581 Satisfied Customers
Experience: Licensed CPA, CFE, CMA, CGMA who teaches accounting courses at Master's Level

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