Can Both Parents Claim a Child on Taxes- A Comprehensive Guide for Dual Tax Filers

Can both parents file child on taxes? This is a common question among parents who are eligible to claim their children as dependents on their tax returns. Understanding the rules and regulations surrounding this topic can help ensure that you receive the maximum tax benefits for your family.

Tax laws in the United States allow both parents to claim a child as a dependent on their tax returns, but there are certain criteria that must be met. Here’s a closer look at the factors that determine who can claim a child on their taxes.

Eligibility Requirements

To claim a child as a dependent, both parents must meet the following requirements:

1. Relationship: The child must be a son, daughter, stepchild, foster child, or a descendant of any of them. The child can also be an adopted child or a sibling (including half-brothers and half-sisters).

2. Residency: The child must have lived with one or both parents for more than half of the tax year. There are exceptions for children who are temporarily absent due to education, medical treatment, or other reasons.

3. Age: The child must be under the age of 19 at the end of the tax year, or under the age of 24 if they are a full-time student. There is no age limit for children who are permanently and totally disabled.

4. Support: The child must not have provided more than half of their own support during the tax year. This means that the parents must have provided more than half of the child’s financial support.

5. Joint Return: If the child’s parents are married and file a joint return, they must agree to split the dependency exemption. If they cannot agree, the IRS will determine who can claim the child based on the highest percentage of support provided.

Claiming the Exemption

When both parents are eligible to claim the child, they must decide who will claim the exemption. If they agree to split the exemption, they can do so by filling out Form 8332, Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent. This form allows the custodial parent to release their claim to the exemption, allowing the non-custodial parent to claim the child on their tax return.

If the parents cannot agree on who should claim the exemption, the IRS will determine the custodial parent based on the following criteria:

1. Physical Custody: The child must have lived with one parent for more than half of the tax year.
2. Abuse or Neglect: If there is evidence of abuse or neglect, the IRS may consider the child’s best interests in determining custody.
3. Support Payments: The parent who receives more than half of the child’s support may be considered the custodial parent.

Conclusion

In conclusion, both parents can file child on taxes, but they must meet specific criteria and agree on who will claim the exemption. Understanding these rules can help ensure that your family receives the maximum tax benefits. If you have any questions or need assistance, it’s always a good idea to consult a tax professional or the IRS for guidance.