Form 8332

Form 8332

A form that a custodial parent files with the IRS in which the parent agrees not to claim the child tax credit for a child. This allows the non-custodial parent to take the credit. This form is also filed to revoke the previous agreement.
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Thus, for years after 2008, even if a divorce decree or separation agreement gives the noncustodial parent the right to take a dependency exemption for a child, the custodial parent can effectively revoke the noncustodial parent's ability to take a dependency exemption or the child tax credits or education credits by not signing Form 8332 or a similar statement.
Although the mother's entitlement to any dependency exemption was contingent on her being employed, she was not required to sign Form 8332, Release/Revocation of Release of Claim to Exemption for Child hy Custodial Parent.
However, the custodial parent can release to the noncustodial parent the right to claim the tax benefits by signing a written declaration (consent) to that effect, IRS Form 8332.
Generally, a non-custodial parent is entitled to the dependency exemption for a dependent child if the custodial parent signs Form 8332.
The above section basically says that the custodial parent is entitled to claim a dependency exemption for a child unless he or she signs off on Form 8332, which would allow the non-custodial parent to claim the child.
At the time, the ex-wife signed Form 8332, Release of Claim to Exemption for Child of Divorced or Separated Parents.
Taken together, the cases illustrate how a properly executed and filed Form 8332, Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent, is the key to releasing a claim of exemption and outweighs state court orders.
152-4(e), the IRS stated in Publication 501, Exemptions, Standard Deduction, and Filing Information, that a noncustodial parent could attach to his or her tax return certain pages of a divorce decree that conformed to the substance of Form 8332, Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent, to serve as the written declaration required by Sec.
In a divorce, the non-custodial parent can claim the dependency deduction with a valid Form 8332.
D executes a Form 8332, Release of Claim to Exemption for Child of Divorced or Separated Parents, for 2009 releasing D's right to claim C as a dependent for that year, which E attaches to his 2009 return.
The release of claim for an exemption must either be on Form 8332, Release of Claim to Exemption for Child of Divorced or Separated Parents, or a written declaration for the sole purpose of releasing the claim that conforms to the substance of Form 8332.
Since current law gives the dependency exemption for children to the custodial parent unless he or she waives that right, the information included in form 8332 has been at issue in several recent disputes before the Tax Court.