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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To do so, the custodial parent must sign Form 8332, Release/Revocation of Release to Claim Exemption for Child, and attach it to the tax return of the noncustodial parent.
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.
Written Declaration of the Exemption Waiver: Form 8332
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.
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.
Step two--Once the first step is met, the custodial parent releases the claim to the noncustodial parent, using Form 8332, Release/Revocation of Release Claim to Exemption for Child by Custodial Parent, and files it with the tax return (RC section 152[e][2]).
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.
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.
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.