Who decides what parent can claim kids on income tax?

The IRS decides who can claim a child as a dependent on income tax, but ultimately it comes down to the parents' agreement and specific circumstances.

Here's a breakdown:

The General Rule:

* Custodial parent (the parent with whom the child lives for more than half the year) can usually claim the child as a dependent.

Exceptions:

* Noncustodial parent can claim the child if:

* Custodial parent signs a written declaration releasing their claim.

* Custodial parent does not claim the child.

* Custodial parent is deceased or disabled.

Other Considerations:

* Joint Custody: If parents have joint custody, they can agree who claims the child, even if they share custody equally.

* Legal Separation/Divorce: Court orders can dictate which parent claims the child.

* Non-Marital Relationships: The parent with whom the child resides most of the time generally gets the claim.

* Agreement between Parents: Parents can agree who claims the child, even if it's not the custodial parent.

How the IRS Makes the Decision:

The IRS uses the following factors to determine dependency status:

* Residency: Where the child lives most of the year.

* Support: Who provides the most financial support for the child.

* Relationship: Whether the claimant is the parent, stepparent, adoptive parent, or legal guardian.

* Age: The child must meet specific age requirements.

* Citizenship/Residency: The child must be a US citizen, national, or resident alien.

Important Note:

* Both parents cannot claim the same child: If both parents attempt to claim the child, only one parent will get the benefit. This can lead to complications and penalties for both parents.

* Filing an amended return: If the wrong parent claimed the child, one parent may need to file an amended return to correct the error.

It's always recommended to consult with a tax professional to ensure you are claiming your child correctly and avoid any potential issues.

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