What form do I need to allow me to claim my son as a dependent since I share 50/50 custody
In the United States, the IRS form you would typically use to claim a dependent is part of your regular tax return, either Form 1040 or Form 1040-SR. However, when it comes to shared custody situations, the key issue is which parent is eligible to claim the child as a dependent for tax purposes. The IRS has specific rules for children of divorced or separated parents. Generally, the child is treated as the qualifying child of the custodial parent, which is the parent with whom the child lived for the greater number of nights during the year. However, in a 50/50 custody situation, if each parent had the child for an equal number of nights, the IRS will then default to the parent with the higher adjusted gross income (AGI) as the custodial parent for tax purposes. If both parents agree that the non-custodial parent should claim the child as a dependent, the custodial parent can release the claim to the exemption by completing Form 8332, "Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent." The non-custodial parent must then attach this form to their tax return to claim the child as a dependent. It's important to note that for tax years 2018 through 2025, the Tax Cuts and Jobs Act has suspended personal exemptions, so while you can still claim a child as a dependent, the exemption amount is $0. However, you may still be eligible for
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