The IRS Form 8332 is the document custodial parents can use to release their claim to a child's exemption, allowing the non-custodial parent to claim it instead. This pivotal form plays a significant role in taxation for divorced or separated parents, ensuring that the right to claim valuable tax credits and deductions is clearly assigned. For those looking to navigate the complexities of tax filings after divorce or separation, understanding and properly filling out this form is crucial. Click here to learn more about filling out the IRS 8332 Form.
Delving into tax documents can often feel like navigating a labyrinth, yet understanding them is crucial for making informed decisions, especially when it comes to familial financial matters. One document that regularly comes into play for divided or separated families is the IRS Form 8332, the release/revocation of release of claim to exemption for child by custodial parent. Essentially, this form becomes a key player in determining which parent gets to claim a child as a dependent on their tax returns. The form's significance cannot be overstated; it directly influences eligibility for certain tax benefits, including child tax credits, which can lead to considerable financial implications. It operates under the premise that only one parent can claim the child in any given tax year, creating a need for clear communication and agreement between parents. Its completion and submission can pave the way toward understanding and cooperation between separated parties, aiming to ensure that the financial support for the child is maximized. In diving into the narrative of IRS Form 8332, one embarks on a journey to uncover not only the intricacies of tax law but also the nuances of shared parenting responsibilities post-separation or divorce.
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.)
for the tax year(s)
(Specify. See instructions.)
Part III Revocation of Release of Claim to Exemption for Future Year(s)
I revoke the release of claim to an exemption for
Signature of custodial parent revoking the release of claim to exemption
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)
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.
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.
Completing the IRS 8332 form is an essential step for non-custodial parents hoping to claim a child as a dependent for tax purposes. This form effectively allows the custodial parent to release their claim to the child's exemption, enabling the non-custodial parent to take advantage of the tax benefit. The process is straightforward but requires paying close attention to detail to ensure the form is filled out accurately and in accordance with IRS guidelines. The following steps will guide you through this process efficiently.
Once you have completed the form, you'll need to attach it to your tax return if you are the non-custodial parent claiming the exemption. Keep a copy for your records, and ensure the custodial parent has retained a copy as well. Accuracy and thoroughness in completing this form can prevent delays or issues with your tax return, so take your time and double-check all information before submitting.
What is the IRS Form 8332 and when do I need to use it?
IRS Form 8332 is a document that a custodial parent can use to release their right to claim a child as a dependent on their tax return, allowing the non-custodial parent to claim the child instead. This form is necessary when the non-custodial parent wants to claim a child as a dependent and is entitled to do so according to a divorce decree, separation agreement, or another arrangement. It's important to use this form if you are the custodial parent and have agreed, whether through legal proceedings or mutually with the non-custodial parent, to let them claim the child on their taxes.
How does filing Form 8332 affect my taxes?
Filing Form 8332 and allowing the non-custodial parent to claim the child as a dependent can affect your taxes in several ways. As the custodial parent, you lose the ability to claim the child as a dependent, which could increase your taxable income and possibly your tax liability. On the other hand, the non-custodial parent who claims the child as a dependent might be eligible for tax benefits such as the Child Tax Credit, Earned Income Tax Credit, and potentially favorable filing status, which could reduce their tax liability.
Can I revoke the release of claim to a dependent after filing Form 8332?
Yes, a custodial parent can revoke the release of claim to a dependent after filing Form 8332. To do this, the custodial parent must provide written notice to the non-custodial parent. This notice can be for a specific tax year or for all future years, but it cannot be for any years for which the non-custodial parent has already claimed the child as a dependent. The written notice of revocation must be attached to the custodial parent's tax return for the first year it becomes effective.
Where can I get a copy of IRS Form 8332?
You can obtain a copy of IRS Form 8332 directly from the official website of the Internal Revenue Service (IRS) at www.irs.gov. The form is available in PDF format and can be downloaded and printed for free. Additionally, IRS offices and many tax preparation services provide copies of the form.
How do I submit Form 8332 to the IRS?
Form 8332 should not be submitted independently to the IRS. Instead, the non-custodial parent who is claiming the child as a dependent should attach the completed Form 8332, or a similar statement containing the same information, to their tax return for the year they are claiming the child. If you are e-filing your return, you may need to keep the form on file and provide it to the IRS upon request.
Does Form 8332 need to be filed every year?
No, Form 8332 does not need to be filed every year. Once the custodial parent completes and signs the form, releasing the claim to the child's exemption for one or more specific years, or for all future years, the non-custodial parent can attach the same form or a copy of it to their tax return each year they claim the child, as long as no revocation has been made. However, if a revocation has been made, the custodial parent will need to commence a new agreement and a new Form 8332 might need to be filed to reestablish the claim release.
One of the most common mistakes people make when filling out the IRS 8332 form, which is used to release a claim to exemption for a child to the noncustodial parent, is neglecting to fill out the form completely. Every section of the form requires attention, and leaving parts blank can lead to processing delays or the form being returned. This includes not only the names and Social Security numbers of the child and parents but also the specific details about the tax years for which the claim is being released.
Another frequent error involves misunderstanding the duration of the claim's release. Some individuals mistakenly believe a single submission of form 8332 covers all future tax years. The form, however, requires specifying whether the release is for a single year, multiple years, or indefinitely until revoked. Failing to clearly state the applicable tax year(s) can result in unintended tax consequences for both the custodial and noncustodial parent.
Additionally, a signature is mandatory for the form's validity, yet it is surprisingly common for people to miss signing the document before submission. An unsigned form 8332 is considered invalid by the IRS, which can prevent the noncustodial parent from claiming the exemption and might necessitate the submission of a corrected form, hence delaying tax refunds or affecting tax liability.
People also often misunderstand who should file the form. It must be filled out and signed by the custodial parent, that is, the parent with whom the child has lived for the greater part of the year. This parent is effectively transferring their right to claim the child as a dependent to the noncustodial parent. Sometimes, noncustodial parents mistakenly fill out the form, not realizing that it will not be accepted from them.
Hand-in-hand with misunderstanding filing responsibility, there's also confusion about how to submit the form. The IRS requires that the custodial parent give the completed form 8332 to the noncustodial parent, who then files it with their tax return. Some custodial parents mistakenly believe they need to file it with their tax returns or send it directly to the IRS.
Incorrectly believing that the form covers the child tax credit is another error. Form 8332 allows the noncustodial parent to claim the child as a dependent for the dependency exemption. However, it does not permit the noncustodial parent to claim the child tax credit. This distinction is often overlooked, leading to misunderstandings about the benefits conferred by the form.
Another mistake involves not updating the form when circumstances change. If the situation of the custodial parent changes, or if they wish to revoke the claim's release for future tax years, they must fill out a new form 8332 or a written declaration that meets specific requirements to be valid. Failing to update the form can result in tax issues for both parents.
Lastly, improperly using older versions of the form or not following updated guidelines can lead to processing errors. The IRS occasionally updates its forms and instructions, so it's vital to use the most current form 8332 available from the IRS website. Using outdated forms can lead to errors or rejections, complicating the process for both parents.
The IRS Form 8332 is pivotal for divorced or separated parents, allowing the custodial parent to release the claim to a child's exemption to the non-custodial parent. This form plays a critical role in tax preparations, ensuring that the child tax credit and other dependent-related benefits are rightly claimed according to tax laws. Alongside the IRS Form 8332, several other documents often come into play to navigate the complexities of tax filing and legal obligations concerning dependents. Understanding these documents helps in ensuring compliance and optimizing one's tax situation.
Collectively, these forms and documents facilitate a comprehensive and lawful approach to filing taxes, especially in situations involving dependents, custody, and separation. For individuals navigating the intricacies of tax obligations post-divorce or separation, being prepared with the right documentation is key to a smooth and favorable tax filing process. From reporting income and deductions accurately to claiming eligible credits, the collective use of these forms ensures adherence to tax laws and optimization of tax liabilities.
The IRS 1040 form, also known as the U.S. Individual Income Tax Return, shares similarities with the IRS 8332 form in that both are integral to managing personal tax obligations. Where the 8332 form deals with the release or revocation of the right to claim a child as a dependent, thereby affecting tax credits and deductions, the 1040 form encompasses the broader calculation of taxable income, tax liability, and potential refunds or payments due. Both forms play crucial roles in determining the taxpayer's financial responsibilities to federal and state governments.
The W-4 form, which is the Employee's Withholding Certificate, parallels the IRS 8332 in its purpose to influence an individual’s tax liabilities. While the 8332 form allows for the transfer of tax benefits related to dependents, the W-4 form assists taxpayers in determining the amount of federal income tax that should be withheld from their earnings. This form directly impacts a taxpayer’s paycheck and, ultimately, their annual tax filing, a broader effect shared with the 8332’s implications on the annual tax return.
The Schedule EIC (Earned Income Credit) is another document closely aligned with the IRS 8332, due to its focus on tax benefits for individuals with dependents. While the 8332 form is specific in its application to the custodial and non-custodial rights over dependency exemptions, the Schedule EIC targets low-to-moderate-income workers and families, offering them a tax credit. Both documents effectuate tax savings and highlight the government's support for families, albeit through different mechanisms.
The 8862 form, or "Information To Claim Certain Credits After Disallowance," resembles the 8332 form in its remedial approach to tax benefits. If certain credits, such as the Earned Income Credit, are previously disallowed, the 8862 form serves to reinstate eligibility for those benefits under qualifying conditions. This mirrors the 8332 form’s function in allowing non-custodial parents to claim dependents under certain circumstances, restoring tax advantages otherwise lost.
Form 709, the United States Gift (and Generation-Skipping Transfer) Tax Return, is conceptually akin to the 8332 in that it deals with the transfer of benefits—in this case, wealth transfer without immediate tax implications under specific thresholds. Both forms navigate the nuances of tax regulations to benefit the taxpayer, whether through reducing income tax liability or managing potential gift and estate taxes efficiently.
Similarly, the IRS Form 2555, Foreign Earned Income, provides tax benefits under particular conditions, reminiscent of the IRS 8332 form's role. Form 2555 allows taxpayers living abroad to exclude a portion of their foreign earnings from U.S. income tax, addressing the unique situations of taxpayers working internationally. Both documents facilitate tax relief, demonstrating the tax code's flexibility in accommodating diverse taxpayer circumstances.
IRS Form 8832, Entity Classification Election, shares its adaptability with the IRS 8332 form, though it operates in the sphere of business taxation. By allowing entities to change their tax classification, Form 8832 enables businesses to optimize their tax treatment, mirroring the way Form 8332 facilitates the transfer of tax benefits between parents. These changes can significantly influence a taxpayer’s financial outcomes.
The Child and Dependent Care Expenses form, or IRS Form 2441, is closely related to the 8332 due to its focus on providing tax relief for taxpayers supporting dependents. This form allows taxpayers to claim credit for child and dependent care expenses, directly impacting tax liability in a manner somewhat akin to the dependent exemption adjustments facilitated by Form 8332. Both forms address the financial aspects of caring for dependents.
IRS Form 4506-T, Request for Transcript of Tax Return, although administrative in nature, complements the function of IRS Form 8332 by facilitating access to previously filed tax returns and related documents. This can be critical for taxpayers needing to reference past filings due to changes in dependent status or to provide proof of eligibility for claims made with Form 8332. Both forms are instrumental in managing tax records accurately and efficiently.
Last but not least, IRS Form 5329, Additional Taxes on Qualified Plans (Including IRAs) and Other Tax-Favored Accounts, is tangentially related to the 8332 form through its focus on the individual’s tax liability. While the 5329 form deals with penalties and additional taxes on retirement plans, it underscores the broader theme of managing tax burdens effectively, a goal shared with the 8332 form’s role in optimizing tax benefits related to dependents’ exemption claims.
Filling out IRS Form 8332, which is used to release or claim the child tax credit and for divorced or separated parents to navigate tax benefits, requires careful attention. Here are some do's and don'ts to consider when completing this important document:
Do ensure that you have the latest version of the form by checking the IRS website. Tax laws and forms can change, so it's crucial to use the most current document.
Don't rush through filling out the form. Take your time to carefully enter all required information accurately to avoid mistakes that could delay processing or affect your tax benefits.
Do clearly print your information in blue or black ink, unless you are filing electronically. Legible handwriting helps prevent misunderstandings or processing delays.
Don't leave any required fields blank. If a section does not apply to your situation, make sure to indicate this appropriately, typically by entering "N/A" (not applicable).
Do consult with a tax professional if you're unsure about how to complete the form or if you have complex tax issues. Understanding the implications of releasing or claiming a tax exemption is important.
Don't forget to sign and date the form. An unsigned form is considered incomplete and will not be processed by the IRS.
Do keep a copy of the completed form for your records. Whether you're releasing or claiming a tax exemption, it's wise to have proof of the agreement and any IRS correspondence.
Don't use the form without discussing it with the other parent (if applicable). Communication is key to ensuring that both parties agree on the terms of who claims the child as a dependent for tax purposes.
The IRS Form 8332 is a document that can often be misunderstood. Below is a list of misconceptions about the IRS Form 8332, carefully explained to provide clearer insights.
It’s only for the custodial parent to file. This misconception is common. In reality, the IRS Form 8332 must be released by the custodial parent but it is used by the non-custodial parent to attach to their tax return. This allows them to claim the child tax credit, provided all other qualifications are met.
Once signed, it cannot be revoked. Many people think once the custodial parent signs IRS Form 8332, the decision is permanent. However, the form can indeed be revoked for future tax years, using the same form or a written declaration that meets certain requirements.
Filing this form means giving up custody. Some individuals mistakenly believe filing this form affects legal custody. The IRS Form 8332 only relates to the tax exemption and does not impact legal custody arrangements.
The form is required every year. Actually, the IRS Form 8332 can be used to release a claim to exemption for a specific year or for multiple years. It does not necessarily have to be filed annually, depending on what the custodial parent decides.
It determines eligibility for head of household filing status. This is a misunderstanding. The form allows the non-custodial parent to claim the child as a dependent for the child tax credit, but it does not allow them to file as head of household. That status depends on other factors.
Any parent can file the form if they have the child for more than half the year. Only the custodial parent, defined by the IRS as the parent whom the child lived with for the greater number of nights during the year, is eligible to release a claim to exemption by using this form.
It affects child support payments. There’s often confusion that filling out IRS Form 8332 might change the amount of child support received or paid. The form does not have any impact on child support obligations or calculations.
The non-custodial parent must attach it to their return every year. While the non-custodial parent does need to attach the form or a similar declaration to their tax return to claim the exemption, they only need to do this for the years they are claiming the exemption. It's not a requirement for years they do not.
It’s a way to transfer dependency exemptions. Although the form does release the exemption to the non-custodial parent, it’s important to understand that, as of the Tax Cuts and Jobs Act of 2017, the dependency exemption itself has been set to $0 until at least 2025. Thus, while the form still allows the non-custodial parent to claim the child tax credit, it does not transfer a monetary exemption value.
It must be filed with the IRS. This final misunderstanding is quite straightforward. The custodial parent fills out the IRS Form 8332 and gives it to the non-custodial parent to attach to their tax return. The form itself is not directly filed with the IRS by the custodial parent—it’s the non-custodial parent who submits it as part of their tax documentation.
Understanding these misconceptions about IRS Form 8332 can alleviate potential stress and confusion, ensuring that both custodial and non-custodial parents make informed decisions regarding their tax filings.
The IRS 8332 form is crucial for divorced or separated parents who intend to transfer their right to claim a child or children as dependents to the other parent. Navigating its correct use is essential for ensuring tax compliance and optimizing tax benefits. Here are ten key takeaways about filling out and using IRS Form 8332 effectively.
Understanding and correctly using IRS Form 8332 can significantly impact tax liabilities and benefits. It's advised to consult with a tax professional if there are any doubts or complex situations.
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