Can two unmarried parents take turns in claiming their child each year on their taxes?

Question

We're not married (obviously), but we get along great. There is no child support or custody order. We never found the need since we both take care of him equally, and get along so good that we might as well be together. But that's a whole other issue! I have always been the one to claim my son, and his dad asked me a while ago if we could take turns.

Answer 1

Yes they can. As long as the other parent doesn't fight it (by caiming the child the same year). If they do then a court order will be necessary.

Good luck.

Answer 2

Yes, you can...well assuming that both parents qualify. And, there is a written waiver from the custodial parent.

And what I mean by qualifying...it has to be reasonable. If one parent spends let's say $25,000 on the child and the other parent only makes $8,000. This wouldn't be a reasonable situation.

There are other things that can get you in trouble too. Just because you can claim a dependent doesn't mean that you can claim the other benefits. And, no it doesn't have to be every other year...there is a form you can sign that will override even a court order (assuming both parents agree).

Now, I am going to tell you a secret of the tax profession that most people overlook. There is a tax law that states anything that you do just to avoid paying taxes is null and void...there has to be a business reason behind it.

Well, how would they ever prove that...it is simple...if the parent taking the exemption means less tax between the two is a trend for several years. This is all the proof they need. And, at that point it is up to you to prove it isn't.

It is a more complex question than most people think.

Now, can you get away with it...more than likely. Is it totally legal...probably not. And, if they look at either return for another reason they will bust you for this too.

I hope this helps.

Answer 3

yes! But it is always best to get a lawyers advice as well.

You really didn't give much detail above....Do the unmarried parents get along? Is there child support involved? Who has the child? If so then they can take turns (still best to get a lawyer just in case there is fighting down the road?)

Answer 4

If it is proviable that each of you handle over 50% of that child's total welfare. Go ahead! Always be in reason to keep proof just in case of an audit.

Two, an important part may be the amount of custody each parent has. They are more likely to question if the return is significant.

Answer 5

Yes, if you live together. If you don't, then you still can as long as the person the child lives with gives the other parent permission in writing.

Answer 6

yes but you will have to do it every other year and put it in writing
is there a custody order...it is what the courts say...but honestly if you both agree to this then just draw up a simple written contract and have it signed, dated and notarized

Answer 7

IRS website is a good place to start look at form 8332. Then call a tax pro. It can be done but there is rules to follow.

Answer 8

Yes they can as I know someone who has done this.As long as only 1 of you claim them for that year.

Answer 9

Only the parent who has custody and provides finanacial support.

Answer 10

i hope so, cause we have done that the last couple years:) Our tax guy knows all about it, and gives us a recommendation of which of us should claim him, so im guessing it is ok, or he would of let us know that.