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Navigating the world of tax benefits can be a complex experience, especially when it comes to claiming dependents. One crucial tool that families can utilize in this process is the IRS Form 8332, also known as the "Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent." This form simplifies the often convoluted situation surrounding dependents shared between parents after separation or divorce. By allowing the non-custodial parent to claim a child as a dependent on their tax return, Form 8332 provides a clear pathway for individuals to benefit from important tax deductions and credits. It's essential to understand not just how and when to use this form, but also the consequences tied to it—wrongful claiming of dependents can lead to penalties or delayed refunds. This article delves into the intricacies of Form 8332, exploring the eligibility criteria, necessary signatures, and the vital importance of mutual consent between parents. Whether you’re a parent looking to ease your tax burden or someone advising families on this matter, a clear grasp of IRS Form 8332 can enhance your financial planning and ensure compliance with federal tax regulations.

IRS 8332 Example

Form 8332

 

 

Release/Revocation of Release of Claim

 

OMB No. 1545-0074

 

 

 

 

 

 

 

 

 

 

 

 

to Exemption for Child by Custodial Parent

 

 

 

(Rev. October 2018)

 

 

 

Attachment

115

Department of the Treasury

 

 

Attach a separate form for each child.

 

Sequence No.

 

 

Go to www.irs.gov/Form8332 for the latest information.

 

 

 

Internal Revenue Service

 

 

 

 

 

Name of noncustodial parent

 

 

 

Noncustodial parent’s

 

 

 

 

 

 

 

 

social security number (SSN)

 

 

 

 

 

 

 

 

 

 

 

 

 

Note: This form also applies to some tax benefits, including the child tax credit, additional child tax credit, and credit for other dependents. It doesn’t apply to other tax benefits, such as the earned income credit, dependent care credit, or head of household filing status. See the instructions and Pub. 501.

Part I Release of Claim to Exemption for Current Year

I agree not to claim an exemption for

Name of child

for the tax year 20

 

.

Signature of custodial parent releasing claim to exemption

 

Custodial parent’s SSN

 

Date

 

 

 

 

Note: If you choose not to claim an exemption for this child for future tax years, also complete Part II.

Part II Release of Claim to Exemption for Future Years (If completed, see Noncustodial Parent on page 2.)

I agree not to claim an exemption for

 

 

 

 

 

Name of child

 

 

for the tax year(s)

.

 

 

 

 

 

(Specify. See instructions.)

 

 

 

 

 

 

 

 

 

 

 

 

 

Signature of custodial parent releasing claim to exemption

 

 

 

Custodial parent’s SSN

 

Date

Part III Revocation of Release of Claim to Exemption for Future Year(s)

I revoke the release of claim to an exemption for

 

 

 

 

Name of child

 

 

for the tax year(s)

.

 

 

 

 

 

(Specify. See instructions.)

 

 

 

 

 

 

 

 

 

 

Signature of custodial parent revoking the release of claim to exemption

 

Custodial parent’s SSN

 

Date

General Instructions

What’s New

Exemption deduction suspended. The deduction for personal exemptions is suspended for tax years 2018 through 2025 by the Tax Cuts and Jobs Act. Although the exemption amount is zero, eligibility to claim an exemption may make you eligible for other tax benefits. See Pub. 501 for details. Although taxpayers can’t claim a deduction for exemptions, eligibility to claim an exemption for a child remains important for determining who may claim the child tax credit, the additional child tax credit, and the credit for other dependents, as well as other tax benefits. See the instructions and Pub. 501 for details.

Purpose of Form

If you are the custodial parent, you can use this form to do the following.

Release a claim to exemption for your child so that the noncustodial parent can claim an exemption for the child and claim the child tax credit, the additional child tax credit, and the credit for other dependents (if applicable).

Revoke a previous release of claim to exemption for your child.

Release of claim to exemption. Complete this form (or sign a similar statement containing the same information required by this form) and give it to the noncustodial parent. The noncustodial parent must attach this form or similar statement to his or her tax return each year the exemption is claimed. Use Part I to release a claim to the exemption for the current year. Use Part II if you choose to release a claim to exemption for any future year(s).

Note: If the decree or agreement went into effect after 1984 and before 2009, you can attach certain pages from the decree or agreement instead of Form 8332, provided that these pages are substantially similar to Form 8332. See Post-1984 and pre-2009 decree or agreement on page 2.

Revocation of release of claim to exemption. Use Part III to revoke a previous release of claim to an exemption. The revocation will be effective no earlier than the tax year following the year in which you provide the noncustodial parent with a copy of the revocation or make a reasonable effort to provide the noncustodial parent with a copy of the revocation. Therefore, if you revoked a release on Form 8332 and provided a copy of the form to the noncustodial parent in 2018, the earliest tax year the revocation

can be effective is 2019. You must attach a copy of the revocation to your tax return each year the exemption is claimed as a result of the revocation. You must also keep for your records a copy of the revocation and evidence of delivery of the notice to the noncustodial parent, or of reasonable efforts to provide actual notice.

Custodial Parent and

Noncustodial Parent

The custodial parent is generally the parent with whom the child lived for the greater number of nights during the year. The noncustodial parent is the other parent. If the child was with each parent for an equal number of nights, the custodial parent is the parent with the higher adjusted gross income. For details and an exception for a parent who works at night, see Pub. 501.

Dependent Child

A dependent is either a qualifying child or a qualifying relative. See the instructions for your tax return for the definition of these terms. Generally, a child of divorced or separated parents will be a qualifying child of the custodial parent. However, if the special rule on page 2 applies, then the child will be treated as the qualifying child or qualifying

For Paperwork Reduction Act Notice, see back of form.

Cat. No. 13910F

Form 8332 (Rev. 10-2018)

Form 8332 (Rev. 10-2018)

Page 2

relative of the noncustodial parent for purposes of the dependency exemption, the child tax credit, the additional child tax credit, and the credit for other dependents.

Special Rule for Children of Divorced or Separated Parents

A child is treated as a qualifying child or a qualifying relative of the noncustodial parent if all of the following apply.

1.The child received over half of his or her support for the year from one or both of the parents (see the Exception below). If you received payments under the Temporary Assistance for Needy Families (TANF) program or other public assistance program and you used the money to support the child, see Pub. 501.

2.The child was in the custody of one or both of the parents for more than half of the year.

3.Either of the following applies.

a. The custodial parent agrees not to claim an exemption for the child by signing this form or a similar statement. If the decree or agreement went into effect after 1984 and before 2009, see Post-1984 and pre-2009 decree or agreement below.

b. A pre-1985 decree of divorce or separate maintenance or written separation agreement states that the noncustodial parent can claim the child as a dependent. But the noncustodial parent must provide at least $600 for the child’s support during the year. This rule does not apply if the decree or agreement was changed after 1984 to say that the noncustodial parent cannot claim the child as a dependent.

For this rule to apply, the parents must be one of the following.

Divorced or legally separated under a decree of divorce or separate maintenance.

Separated under a written separation agreement.

Living apart at all times during the last 6 months of the year.

If this rule applies, and the other dependency tests in the instructions for your tax return are also met, the noncustodial parent can claim an exemption for the child.

Exception. If the support of the child is determined under a multiple support agreement, this special rule does not apply, and this form should not be used.

Post-1984 and pre-2009 decree or agreement. If the divorce decree or separation agreement went into effect after 1984 and before 2009, the noncustodial parent can attach certain pages from the decree or agreement

instead of Form 8332, provided that these pages are substantially similar to Form 8332. To be able to do this, the decree or agreement must state all three of the following.

1.The noncustodial parent can claim the child as a dependent without regard to any condition (such as payment of support).

2.The other parent will not claim the child as a dependent.

3.The years for which the claim is released.

The noncustodial parent must attach all of the following pages from the decree or agreement.

Cover page (include the other parent’s SSN on that page).

The pages that include all of the information identified in (1) through (3) above.

Signature page with the other parent’s signature and date of agreement.

The noncustodial parent must ! attach the required information

even if it was filed with a return in CAUTION an earlier year.

Post-2008 decree or agreement. If the divorce decree or separation agreement went into effect after 2008, the noncustodial parent can’t attach certain pages from the decree or agreement instead of Form 8332.

Specific Instructions

Custodial Parent

Part I. Complete Part I to release a claim to exemption for your child for the current tax year.

Part II. Complete Part II to release a claim to exemption for your child for one or more future years. Write the specific future year(s) or “all future years” in the space provided in Part II.

To help ensure future support, you TIP may not want to release your

claim to the exemption for the child for future years.

Part III. Complete Part III if you are revoking a previous release of claim to exemption for your child. Write the specific future year(s) or “all future years” in the space provided in Part III.

The revocation will be effective no earlier than the tax year following the year you provide the noncustodial parent with a copy of the revocation or make a reasonable effort to provide the noncustodial parent with a copy of the revocation. Also, you must attach a copy of the revocation to your tax return for each year you are claiming the exemption as a result of the revocation. You must also keep for your records a copy of the revocation and evidence of delivery of the notice to the noncustodial parent, or of reasonable efforts to provide actual notice.

Example. In 2015, you released a claim to exemption for your child on Form 8332 for the years 2016 through 2020. In 2018, you decided to revoke the previous release of exemption. If you completed Part III of Form 8332 and provided a copy of the form to the noncustodial parent in 2018, the revocation will be effective for 2019 and 2020. You must attach a copy of the revocation to your 2019 and 2020 tax returns and keep certain records as stated earlier.

Noncustodial Parent

Attach this form or similar statement to your tax return for each year you claim the exemption for your child. You can claim the exemption only if the other dependency tests in the instructions for your tax return are met.

If the custodial parent released his TIP or her claim to the exemption for

the child for any future year, you must attach a copy of this form or similar statement to your tax return

for each future year that you claim the exemption. Keep a copy for your records.

Note: If you are filing your return electronically, you must file Form 8332 with Form 8453, U.S. Individual Income Tax Transmittal for an IRS e-file Return. See Form 8453 and its instructions for more details.

Paperwork Reduction Act Notice. We ask for the information on this form to carry out the Internal Revenue laws of the United States. You are required to give us the information. We need it to ensure that you are complying with these laws and to allow us to figure and collect the right amount of tax.

You aren’t required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as their contents may become material in the administration of any Internal Revenue law. Generally, tax returns and return information are confidential, as required by Internal Revenue Code section 6103.

The average time and expenses required to complete and file this form will vary depending on individual circumstances. For the estimated averages, see the instructions for your income tax return.

If you have suggestions for making this form simpler, we would be happy to hear from you. See the instructions for your income tax return.

File Breakdown

Fact Name Description
Purpose The IRS Form 8332 is used to release a claim to exemption for a child from one parent to another.
Eligibility Only custodial parents can complete and sign this form.
Claiming Child Tax Credit This form is essential for the non-custodial parent to claim the Child Tax Credit.
Transfer of Exemption The form must be completed each year the non-custodial parent wishes to claim the exemption.
Filing Requirement The form should be attached to the non-custodial parent's tax return.
State Compliance Some states may have their own forms or requirements for child tax exemptions.
Legal Binding Once signed, the form serves as a legally binding agreement between both parents.
Electronically Filed IRS Form 8332 can be submitted electronically if the non-custodial parent files their return online.
IRS Audits Keep copies of this form as the IRS may request verification during an audit.
Partnership with State Laws Consult state-specific laws as they may affect the execution and validity of Form 8332.

Guide to Using IRS 8332

Filling out the IRS Form 8332 is an important task for anyone who needs to transfer the right to claim a child as a dependent. It's a straightforward process that can help ensure that the appropriate party gets the tax benefits related to a dependent child. Follow these steps carefully to fill the form out correctly.

  1. Download the IRS Form 8332 from the official IRS website or obtain a hard copy from a local office.
  2. At the top of the form, provide your name and Social Security number in the designated fields.
  3. Next, enter the name and Social Security number of the child for whom you are relinquishing the claim.
  4. Choose the right box to indicate whether you are relinquishing the claim for all tax years or for a specific tax year. This choice must reflect your agreement with the other parent.
  5. In Section 3, if applicable, indicate if you are revoking a previous release of claim for the tax years that may have been affected.
  6. Finally, sign and date the form. This signature confirms that you understand the details and agree to the transfer of dependency.

Once completed, ensure you keep a copy for your records. Send the original form to the other parent, who will need to attach it to their tax return. Make sure all information is accurate to avoid any tax complications.

Get Answers on IRS 8332

What is IRS Form 8332?

IRS Form 8332 is a document used by custodial parents to allow the non-custodial parent to claim a child as a dependent for tax purposes. This form helps establish that the custodial parent is relinquishing their right to claim the child for a specific tax year or multiple years.

Who needs to fill out Form 8332?

The custodial parent, who has primary custody of the child, needs to fill out Form 8332 when they wish to allow the non-custodial parent to claim the child on their tax return. This is particularly common in situations of divorce or separation where parents share custody.

What information is required to complete Form 8332?

To complete Form 8332, you will need:

  • The name and Social Security number of the child.
  • The name and Social Security number of the non-custodial parent.
  • The tax year(s) for which the non-custodial parent is claiming the child.
  • Your signature as the custodial parent.
  • The date of your signature.

How does a non-custodial parent use Form 8332?

The non-custodial parent must attach Form 8332 to their tax return when claiming the child as a dependent. This form provides proof that they have permission from the custodial parent. Failure to include the form may result in denial of the dependent claim by the IRS.

Can Form 8332 be revoked?

Yes, Form 8332 can be revoked. If the custodial parent wishes to withdraw the authorization for the non-custodial parent to claim the child in subsequent tax years, a new written statement must be provided to the non-custodial parent. This may also involve submitting a revocation of the original Form 8332.

What happens if Form 8332 is not filed?

If Form 8332 is not filed when required, the non-custodial parent may lose the tax benefits associated with claiming the child as a dependent. The IRS strictly requires this form to validate the dependent claim, and without it, the non-custodial parent risks an audit or rejection of their tax return.

Is there a deadline for submitting Form 8332?

There is no specific deadline for submitting Form 8332; it must be submitted simultaneously with the non-custodial parent's tax return. It is advisable for parents to finalize and exchange the form before filing taxes to prevent any miscommunication or processing delays during tax season.

Common mistakes

Filling out the IRS Form 8332 can be a straightforward process, but many make common mistakes that can lead to complications. One frequent error is not signing the form correctly. Each custodial parent must sign the form for it to be valid. If the custodial parent neglects to sign, or if the signature is not dated, the other parent may face issues when trying to claim the child as a dependent during tax time.

Another mistake often seen is failing to include all necessary information. This includes the names and Social Security numbers of both parents and the child. If any required fields are left blank, the IRS may reject the form, leading to delays in tax processing. Be thorough and double-check every entry to ensure completeness.

Some individuals also overlook the importance of specifying the exact years for which the waiver of the dependency exemption applies. The form allows for the designation of specific tax years, and failing to indicate this can create confusion for tax filings. Clarity in this section is crucial, as it helps eliminate disputes and misunderstandings between parents.

Lastly, many neglect to keep copies of the submitted Form 8332. Document retention is essential, especially in cases where custody arrangements may change or disputes arise. A copy of the signed form can serve as proof of the dependency exemption waiver, helping to avoid complications in future tax years. Keeping accurate records is a critical step in ensuring smooth tax filing for both parents involved.

Documents used along the form

The IRS Form 8332 is a crucial document used for the release of a taxpayer's right to claim a child as a dependent. However, several other forms and documents are often associated with this form. Below is a list of such documents, each serving a unique purpose in the tax filing process, especially regarding dependent claims and custody arrangements.

  • Form 1040: This is the standard individual income tax return form used by U.S. taxpayers to report their annual income. It allows taxpayers to claim various credits and deductions, including those related to dependents.
  • Form 8812: Also known as the Additional Child Tax Credit, this form is used by taxpayers to claim a refundable credit for eligible children who are dependents on their tax return. It often accompanies Form 1040 when claiming various child-related credits.
  • Form 8862: This form is required for individuals who wish to claim the Earned Income Tax Credit (EITC) after having their EITC denied or reduced in prior years. If a taxpayer is claiming a child dependent for EITC purposes, this form may be necessary.
  • Form 8332 instructions: This document provides detailed guidance on how to fill out the IRS Form 8332. It explains eligibility requirements, signing procedures, and how to properly submit the form.
  • Divorce decree: A legal document resulting from the dissolution of marriage, this decree may specify custody arrangements and the tax responsibilities related to dependents. It can be crucial in demonstrating eligibility for claiming dependents.
  • Child custody agreements: These agreements outline the custody and parenting responsibilities of both parents. Courts often consider these documents in determining who has the right to claim a child as a dependent.
  • Form 2120: This is the Multiple Support Declaration, which can be helpful for taxpayers who share support responsibilities for a dependent. It allows multiple taxpayers to collectively claim one dependent under certain conditions.
  • Schedule EIC: This form is used to claim the Earned Income Credit (EIC) for qualifying children. It typically accompanies Form 1040, and requires information about each child, including their relationship to the taxpayer.

Understanding these additional forms and documents can facilitate a smoother tax filing process for those who share dependent responsibilities. Each serves to clarify and support the claims made on the tax return, ensuring compliance with IRS regulations while reflecting the familial realities of the taxpayers involved.

Similar forms

  • Form 1040: This is the standard individual income tax return form used by taxpayers to report their income, claim tax deductions, and determine their tax liability. While IRS Form 8332 specifically deals with custodial parents relinquishing their claim to child tax credits, Form 1040 outlines the overall financial situation of the taxpayer.
  • Form W-4: This form is used by employees to tell their employers how much federal income tax to withhold from their paychecks. Similar to Form 8332 in its focus on tax-related matters, it directly impacts the tax responsibility of the filer, especially concerning dependents.
  • Form 8862: This form is used to claim the Earned Income Credit after a prior denial. Like Form 8332, it addresses the issue of claiming credits related to dependents, but in the context of past disqualifications.
  • Form 8867: The Paid Preparers Due Diligence Checklist is necessary for those who prepare tax returns claiming certain credits, including the Child Tax Credit. This form shares a focus on the accuracy of child-related deductions, similar to the purpose of Form 8332.
  • Form 2441: This is used to claim the Child and Dependent Care Expenses Credit. It requires details about dependents for whom care expenses are incurred, paralleling the dependent-related aspects of Form 8332.
  • Form 8812: This form is for claiming the Additional Child Tax Credit. Taxpayers must provide details regarding dependents, thus aligning with the provisions outlined in Form 8332 concerning dependent tax credits.
  • Form 1040-SR: This is the tax return specifically designed for seniors. Though it serves a different demographic, it still includes sections that require information about dependents, akin to what Form 8332 addresses when determining tax credits based on dependent status.
  • Form 1098-T: This form is issued by educational institutions to report tuition payments and other qualified expenses. It is relevant to tax credits related to education but also requires information about dependents which can impact overall tax filing, similar to the focus on dependents in Form 8332.
  • Form 4562: This form is used to claim depreciation and amortization deductions. Although it mainly targets business expenses, it can affect tax outcomes for dependent-related claims indirectly through the broader financial picture, much like the implications of Form 8332 on dependents' tax statuses.

Dos and Don'ts

The IRS 8332 form is essential for determining eligibility for claiming a child as a dependent for tax purposes. Here are some important dos and don'ts when filling out this form.

  • Do read the instructions carefully to understand the requirements.
  • Do provide accurate information about the child and the custodial parent.
  • Do sign and date the form before submission.
  • Do ensure that the non-custodial parent submits the form with their tax return.
  • Do keep a copy of the completed form for your records.
  • Don't leave any required fields blank, as this could delay processing.
  • Don't forget to check the box indicating the tax year for which the form applies.
  • Don't rely on verbal agreements; ensure the form is properly filled out to avoid disputes.
  • Don't miss the filing deadline, especially if you are claiming the child for the current tax year.

Misconceptions

The IRS Form 8332, known as the Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent, is often misunderstood. Here are seven common misconceptions about this form:

  • Misconception 1: The IRS 8332 form automatically guarantees the non-custodial parent will receive the tax exemption.

    This is incorrect. While the form allows the non-custodial parent to claim the child as a dependent, the exemption is ultimately granted based on other tax rules and eligibility.

  • Misconception 2: A verbal agreement between parents is sufficient to secure a dependency exemption.

    Transaction records or a formal agreement are necessary. Without the IRS 8332 form, the exemption may not be honored.

  • Misconception 3: Only custodial parents can fill out Form 8332.

    Actually, both custodial and non-custodial parents play a role. The custodial parent must complete and sign the form to release the exemption.

  • Misconception 4: The IRS 8332 form can be used for multiple children at once with one submission.

    This is not true. Each child requires a separate IRS 8332 form to be filled out and signed.

  • Misconception 5: Filing Form 8332 is a one-time event; it does not need to be filed every year.

    In fact, the form might need to be filed each year if the custodial parent continues to allow the non-custodial parent to claim the exemption.

  • Misconception 6: The non-custodial parent can amend their tax return to include the child as a dependent, even without the form.

    This is a misunderstanding. Without IRS Form 8332, the IRS may deny the claim for the tax exemption.

  • Misconception 7: The IRS 8332 form is only necessary in divorce situations.

    This form is relevant in various custody arrangements, including separation or any circumstances where parents share custody but one parent has been given the right to claim the exemption.

A clear understanding of these misconceptions is critical to avoid potential issues during tax season. The IRS 8332 form plays an essential role in tax filings, and awareness of its proper use can lead to more effective tax planning.

Key takeaways

Understanding the IRS 8332 form is essential for parents sharing custody of a child. Here are key takeaways regarding filling out and using this form.

  1. Purpose of the Form: The IRS 8332 form is used to release a claim to exemption for a child. This allows one parent to transfer their right to claim a tax exemption for their child to the other parent.
  2. Eligibility Requirements: Generally, the custodial parent—the one with whom the child lives for the greater part of the year—fills out this form. The non-custodial parent can then claim the child as a dependent if the form is properly completed.
  3. Filling Out the Form: Both parents must agree on the details, including who will claim the child on their tax return. Ensure accurate information is provided, such as names, Social Security numbers, and the tax year for which the exemption is being claimed.
  4. Signature Requirement: The custodial parent must sign the form to validate the transfer of the exemption. Without this signature, the form is not effective.
  5. Filing with Tax Returns: The non-custodial parent must attach the IRS 8332 form to their tax return when claiming the exemption. This helps support their claim during tax preparation and potential audits.
  6. One Child Per Form: Each child requires a separate IRS 8332 form. If there are multiple children, complete a new form for each one to ensure proper documentation.
  7. Cautions on Use: Be aware that if the custodial parent decides to revoke permission to claim the exemption in the future, they must provide a signed revocation, which should be submitted with the IRS 8332 form for any subsequent years.

Utilizing the IRS 8332 form effectively enhances tax benefits for families while ensuring compliance with tax regulations.