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Even though I am in Utah, Federal law applies to this situation. As far as the IRS is concerned, the person who has physical custody of the child 51% of the time can claim the exemption. The custodial parent (CP) can sign over the exemption to the non-custodial parent (NCP) by signing form 8332. If they do that this only qualifies the NCP for the Child Tax Credit and the exemption (which lowers taxable income). The CP can still take the EIC and Head of Household status. You also need to check in your divorce decree if this is addressed. However, IRS just passed Federal Regulations on July 4, 2008 that specifically state that a state court may NOT allocate the dependency exemption because it is Federal law, NOT state law that determines this. Federal law trumps state law when there is a conflict of which law governs. This new regulation also give the CP the right to unilaterally revoke the release of the exemption at any time even if the CP has already signed it away for future years.

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16y ago

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Can you claim your child if they file taxes too?

Yes as long as all of the rules are met by and the child to be your qualifying child dependent on your income tax return. Dependent not allowed a personal exemption. If you can claim an exemption for your dependent, the dependent cannot claim his or her own personal exemption on his or her own tax return. This is true even if you do not claim the dependent's exemption on your return or if the exemption will be reduced under the phaseout rule described under Phaseout of Exemptions, later. Make sure that the dependent indicates on the 1040 income tax return that him/her is using indicates this and cannot claim the 3650 exemption amount on the income tax return that is being filed.


Why cant divorced parents file for the same kid in taxes and how would the government know?

Only one qualifying child dependent exemption each year for one child. The social security number that is on the 1040 tax form will identify the duplicated child exemption on the taxpayers 1040 income tax returns.


Can 2 people claim a child on their tax return?

In general, the answer is no. The IRS only allows one person to claim a child with a unique social security number on their taxes, and get the credits that go with the exemption. However, there are exceptions for children of divorced or separated parents. Only one parent may claim the social security number, but the custodial parent may use the child in order to claim the head of household status, to receive the earned income credit and to receive the credit for child and dependent care expenses - even if they did not claim the exemption for the child.


If your child has a job can you claim them on your income tax?

Yes as long as you and your child meet all of the rules for you to be able to claim your child as a qualified child dependent on your 1040 income tax return. You child will file the child's own 1040 income tax return and will have to make sure and check the box that says they can be claimed as a dependent on another taxpayers income tax return and the child will get the 3650 exemption on the child's own income tax return. The number of exemptions will be -0- zero WHEN the 1040 income tax return is completely correctly.


Married filing jointly claiming foster child on taxes how much for dependent?

Exemption amount for each ones exemption on the 1040 federal income tax return for the tax year 2009 was 3650 for each qualifying dependent.


How much is the exemption for a new baby on your income tax refund?

For a qualifying child dependency exemption the amount is 3650 for each exemption for the year 2009


Who was the child that divorced his parents?

who ws the child that divorced his parents and what year did he do it


What does federal exemption mean on state taxes?

Federal exemption is the right to claim a qualifying minor for the child tax credit and child exemption against your income. It may also qualify you for the Earned Income Credit and Head of Household status, IF the child lived with you 51% of the year.


Does being 16 and in full time education and working affect the family tax credit?

This should not have any affect on your parents income tax return if you are still their qualifying child dependent on their 1040 income tax return. And of course you do know that if your are their qualifying child dependent that you can NOT claim your self on your own income tax return for the exemption amount when your income tax return is completely correctly.


Can you take a dependent child with income of 9000.00 dollas?

Yes as long as you and the child meet all of the rules that have to met that would allow you to claim the qualifying child as a dependent exemption on your 1040 federal income tax return. The QC dependent will have to file the QC own 1040 federal income tax return and will NOT be able to claim the exemption amount of 3650 for the QC on the QC own income tax return. Be sure that the QC checks the box on the 1040 income tax return to indicate that the QC is being claimed as a dependent on another taxpayer income tax return. For all of the rules go to the IRS.gov website and use the search box for PUBLICATION 17 go to chapter 3. Personal Exemptions and Dependents Qualifying Child There are six tests that must be met for a child to be your qualifying child. The six tests are 1 Relationship 2 Age 3 Residency 4 Support 5 Joint return, and 6 Special test for qualifying child of more than one person. These tests are explained next. Table 3-1 Overview of the Rules for Claiming an Exemption for a Dependent


Can you file tax exemption for child retroactively to court order?

If you can prove that you had the right to claim the child for that year, then yes. As far as the IRS is concerned, if you had physical custody of the child for 51% of the year (183 days) you had the right to the exemption.


How do you determine how many dependents to claim?

Depends on for what use your speaking of. The amount used on your W-4 may well be different than the amount used on your 1040 filing. You are allowed one exemption for each person you can claim as a dependent. You can claim an exemption for a dependent even if your dependent files a return. The term "dependent" means: * A qualifying child, or * A qualifying relative. The terms "qualifying child" and "qualifying relative" are defined by following the link provided. You can claim an exemption for a qualifying child or qualifying relative only if these three tests are met. # Dependent taxpayer test. # Joint return test. # Citizen or resident test. These three tests are explained in the information in the link.