Tax

Have a Tax Question? Ask a Tax Expert

Ask an Expert,
Get an Answer ASAP!

Tax

My name is My daughter father wants to carry her on s taxes

Customer Question
Hello my name is kim My...
Hello my name is kim
My daughter father wants to carry her on his taxes and i told him he can't cause she lives with me can he still be able to do it
Submitted: 1 year ago.Category: Tax
Show More
Show Less
Ask Your Own Tax Question
Answered in 2 minutes by:
1/4/2016
Tax Professional: Lev, Tax Advisor replied 1 year ago
Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 30,167
Experience: Taxes, Immigration, Labor Relations
Verified

The first step is to determine who is the custodial parent.

Under the IRS rules the custodial parent is the parent with whom the child lived greater part of the year. That is regardless what divorce document states and regardless of the agreement between spouses.

In general - the custodial parent is eligible to claim the child for all tax benefits.

If children are living equal number of nights with each parent - the custodial parent is the parent with higher AGI.

Please be aware that -- The custodial parent may release the claim to the noncustodial parent by signing the form 8332 -

http://www.irs.gov/pub/irs-pdf/f8332.pdf

- should be filed with the noncustodial parent s tax return.

In this case -

Please refer to the IRS publication 504 -

http://www.irs.gov/pub/irs-pdf/p504.pdf

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

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

Ask Your Own Tax Question
Tax Professional: Lev, Tax Advisor replied 1 year ago

So far - if you are the custodial parent and agree to release a claim to another noncustodial parent - you need to sign form 8332 -

http://www.irs.gov/pub/irs-pdf/f8332.pdf

and another parent woudl need to attach the form to his tax return.

Without such form he woudl not be able legally claim the child.

Ask Your Own Tax Question
Ask Lev Your Own Question
Lev
Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 30,167
30,167 Satisfied Customers
Experience: Taxes, Immigration, Labor Relations

Lev is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response...

T.G.WMatteson, IL

I WON!!! I just wanted you to know that your original answer gave me the courage and confidence to go into yesterday's audit ready to fight.

BonnieChesnee, SC

Great service. Answered my complex tax question in detail and provided a lot of additional useful information for my specific situation.

JohnMinneapolis, MN

Excellent information, very quick reply. The experts really take the time to address your questions, it is well worth the fee, for the peace of mind they can provide you with.

OrvilleHesperia, California

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

< Previous | Next >

Meet the Experts:

Wallstreet Esq.

Wallstreet Esq.

Tax Attorney

586 satisfied customers

10 years experience

Mark D

Mark D

Enrolled Agent

1,300 satisfied customers

MBA, EA, Specializing in Business and Individual Tax Returns and Issues

Richard

Richard

Tax Attorney

4,310 satisfied customers

29 years of experience as a tax, real estate, and business attorney.

Robin D.

Robin D.

Senior Tax Advisor 4

13,695 satisfied customers

15years with H & R Block. Divisional leader, Instructor

Megan C

Megan C

Certified Public Accountant (CPA)

8,651 satisfied customers

Licensed CPA, CFE, CMA, CGMA who teaches accounting courses at Master's Level

jgordosea

jgordosea

Enrolled Agent

2,885 satisfied customers

I've prepared all types of taxes since 1987.

R. Klein, EA

R. Klein, EA

Enrolled Agent

1,839 satisfied customers

Over 20 Years experience

< Previous | Next >

Related Tax Questions
For a ny state partnership tax return, if you file an
For a ny state partnership tax return, if you file an extension but don't pay anything and then end up owing a lot. Do they still recognize the extension or do they charge a failure to pay penalty (fo… read more
NPVAdvisor
NPVAdvisor
CFP Licensee and Practitioner
Master's Degree
180 satisfied customers
1099-R with distribution code 3. Can I get an earned income credit?
If someone receives a 1099-R with a distribution code 3, can they qualify for earned income credit? The person receives his pension because he became disabled.… read more
Bizhelp
Bizhelp
Certified Public Accountant (CPA)
Bachelor's Degree
638 satisfied customers
Divorced in Texas, live in Georgia. Divorced 7/2017, filed
Divorced in Texas, live in Georgia. Divorced 7/2017, filed my Fed taxes 3/2017 married filed separately, with only my own wages and an AZ tax refund. I did not have a lawyer and I agreed to a decree h… read more
Lev
Lev
Tax Advisor
30,167 satisfied customers
A taxpayer owes child support payments and is filing a tax
A taxpayer owes child support payments and is filing a tax return from which he will get a refund. If he selects direct deposit or check, the Treasury will take the refund to satisfy the obligation. B… read more
Robin D.
Robin D.
Senior Tax Advisor 4
Vocational, Technical or Trade School
13,695 satisfied customers
RE: FOREIGN TAX CREDIT We're filing a married joint filing
RE: FOREIGN TAX CREDIT We're filing a married joint filing tax return and have come up against some problems on form 1116. 1) Do we add both our names on the form? 2) On line 3a, it asks for certain i… read more
Barbara
Barbara
Enrolled Agent, Paralegal
3,490 satisfied customers
When my x and I divorced 14 years ago the divorce papers
Hello, When my x and I divorced 14 years ago the divorce papers stated that he claim my daughter and I claim my son. My daughter has lived with me for 3 years now with no overnight visits or monetary … read more
Chad CFP ®
Chad CFP ®
Certified Financial Planner(R), Pro
Master\u0027s Degree
738 satisfied customers
We lost child tax credit this year by making $152000...that
We lost child tax credit this year by making $152000...that $2k cost us over $7k in taxes. Is there anything to do about that? … read more
Barbara
Barbara
Enrolled Agent, Paralegal
3,490 satisfied customers
Living separately but filing jointly with a child dependent.
living separately but filing jointly with a child dependent. While fulfilling all but one requirements for the EIC and CTC, am I entitled for this credit (and child credit as well) when I fail on the … read more
abci168
abci168
Principal
27 satisfied customers
A Form 1041 is filed for a Credit Shelter Trust & shows a
A Form 1041 is filed for a Credit Shelter Trust & shows a loss on the Taxable Income line (Page 1, line 22). Is this loss carried forward?… read more
abci168
abci168
Principal
27 satisfied customers
Can a C-Corp file a "final" return with the IRS if there are
Can a C-Corp file a "final" return with the IRS if there are no longer any business operations, but the company bank accounts remain open?… read more
taxmanrog
taxmanrog
Master\u0027s Degree
702 satisfied customers
I have a cleint who i did a tax return for that the IRS
I have a cleint who i did a tax return for that the IRS rejected e-file as someone else took the dependent; The child in question lives with tax payer. The IRS direction on reject basically said check… read more
Robin D.
Robin D.
Senior Tax Advisor 4
Vocational, Technical or Trade School
13,695 satisfied customers
I have a question regarding the child tax credit among
I have a question regarding the child tax credit among divorced parents. Can you help me out with that? … read more
abci168
abci168
Principal
27 satisfied customers
I filed my taxes in 2014. I qualified for Earned income
I filed my taxes in 2014. I qualified for Earned income credit so I was suppose to get a refund. They request addition info to verify my claims which I provided and they accepted. Here it is 2017 I ha… read more
Barbara
Barbara
Enrolled Agent, Paralegal
3,490 satisfied customers
Rules on Rollovers (Return of a non-taxed IRA Distribution).
Rules on Rollovers (Return of a non-taxed IRA Distribution). Over 70-1/2 years old) … read more
PDtax
PDtax
Owner
Master\u0027s Degree
1 satisfied customers
Child tax credit: Taxpayer work oversea. the spouse is
Child tax credit:Taxpayer work oversea. the spouse is nonresident alien. Taxpayer file as married filing separately and claim the son as dependent. Can the taxpayer claim the child care credit or the … read more
Robin D.
Robin D.
Senior Tax Advisor 4
Vocational, Technical or Trade School
13,695 satisfied customers
My 2016 tax return was denied electronially by the IRS. The
My 2016 tax return was denied electronially by the IRS. The social security number for the child I listed as a dependant had alredy been used by another party. I was instructed to send in a paper return and wait for notification. … read more
NPVAdvisor
NPVAdvisor
CFP Licensee and Practitioner
Master's Degree
180 satisfied customers
Just looking for info regarding tax form 8332, i have a
hello, just looking for info regarding tax form 8332 … read more
Robin D.
Robin D.
Senior Tax Advisor 4
Vocational, Technical or Trade School
13,695 satisfied customers
When filing out form 1040 does form 8332 have to be filed by
When filing out form 1040 does form 8332 have to be filed by the non-custodial parent? If not is there an equivalent form that the non-custodial parent has to file?… read more
TaxWhisperer
TaxWhisperer
Principal
Master's Degree
24 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x