Dependency Exemptions For Non-Custodial Parents - Irs Form 8332

Irs Tax Attorney - Dependency Exemptions For Non-Custodial Parents - Irs Form 8332

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The Internal earnings assistance released a memorandum on June 19, 2009, clarifying the rules governing non-custodial parent's capability to claim a dependency exemption for their child.

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Previously, the assistance allowed a non-custodial parent to claim an exemption for a child if the custodial parent signed a written proclamation releasing claim to the exemption and the non-custodial parent attached that proclamation to their return. Irs Form 8332 is ready to document this release. In Publication 501, Exemptions, accepted Deduction, and Filing Information, the assistance has stated that a non-custodial parent may attach obvious pages of a separation resolve or separation agreement, instead of Form 8332, if the attached pages include the facts required on the form.

A qoute arose in the ambiguous language of the actual code. It stated the release of a claim must be on Form 8332 or, if not on such form, must "conform to the substance of such form." The ambiguity begat creativity and family law attorneys began drafting the declarations into hamlet agreements. Taxpayers would then naturally need to attach a copy of their separation decree. This eliminated the need for Form 8332 and therefore, the need to speak to your ex-spouse every year requesting a signature.

The recent memorandum was directed specifically at the inquire either it was permissible for a parent who does not have custody to prove their right to the exemption by submitting proof of pleasure of a health in a separation decree. The health was that the non-custodial parent may only claim the exemption if current in his or her retain obligation. This raises the qoute of substantiation.

In the June 19 memo, the assistance ended the release must be on Form 8332 or must be a document conforming to the substance of Form 8332 and has as its only purpose the release of a claim to exemption. A separation decree, separation business agreement or parenting plan allowing a non-custodial parent to claim an exemption for a child, only if a health is met, does not conform to the substance of Form 8332. For tax years beginning after July 2, 2008, a hamlet agreement, resolve or judgment may not be used by a non-custodial parent to substantiate a dependency exemption for a child, even if accompanied by a statement intending to show the health in the resolve or business agreement was met.

These regulations reflect the Service's concern about substantiating a claim to a dependency exemption for a child and are intended to avoid problems of proof, minimize controversy, and minimize costs to parents. The turn does not forestall a non-custodial parent from claiming the exemption; it naturally requires more care be made to make sure this is accomplished.

It may be helpful to include language stipulating the custodial parent will execute Form 8332 on a annual basis. This succeed up challenge can be alleviated by insuring the newly single parents consult a financial advisor with definite caress in the field of separation financial planning. Two parents claiming an exemption for the same child will end in Irs audits for both and maybe bring a located case back into the courtroom. The assistance has clearly stated it is not permissible to include any language that could want substantiation.

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