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  1. #1
    Join Date
    Aug 2018
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    18

    Default Lock in a Dependent for 2019

    My wife and I claim her daughter every other year, alternating with her ex per the divorce agreement. Last year he claimed her when it was our turn, claiming it was a mistake. I'm concerned he may do it again for 2019. Can i pre-file or something, or file on Jan 1 with the intent on amending, to make sure we get to claim her this year?

  2. #2
    Join Date
    Mar 2013
    Posts
    17,293

    Default Re: Lock in a Dependent for 2019

    You need to get them to sign this form and file it with the IRS. Keeping a copy for your files, of course.

    https://www.irs.gov/pub/irs-pdf/f8332.pdf

    Go to the IRS.gov website and check out publication 501.

    If you want to push it, go to court and have the judge order her to file an amended return for 2018 so you can file an amended return and get the deduction. You'll need the same form signed for 2018 if you do that.

    PS: She didn't just make a mistake.

  3. #3
    Join Date
    Oct 2014
    Posts
    7,465

    Default Re: Lock in a Dependent for 2019

    Quote Quoting Diver4242
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    My wife and I claim her daughter every other year, alternating with her ex per the divorce agreement. Last year he claimed her when it was our turn, claiming it was a mistake. I'm concerned he may do it again for 2019. Can i pre-file or something, or file on Jan 1 with the intent on amending, to make sure we get to claim her this year?
    No, which one files first makes absolutely no difference. Now, the key to answering your question depends on the age of the child and whether you and your wife have physical custody of the kid for more than half the nights of the year, or whether her ex has the kid the most nights of the year. Jack's advice only applies if her ex has the kid for the greater number of number of nights during the year. So for 2018 and 2019, where did the kid spend the most nights and how old was she on 12/31 of each year.

    Quote Quoting adjusterjack
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    PS: She didn't just make a mistake.
    You mean HE, not she. Reread the post.

  4. #4
    Join Date
    Oct 2006
    Posts
    15,745

    Default Re: Lock in a Dependent for 2019

    Quote Quoting adjusterjack
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    You need to get them to sign this form and file it with the IRS. Keeping a copy for your files, of course.

    https://www.irs.gov/pub/irs-pdf/f8332.pdf

    Go to the IRS.gov website and check out publication 501.

    If you want to push it, go to court and have the judge order her to file an amended return for 2018 so you can file an amended return and get the deduction. You'll need the same form signed for 2018 if you do that.

    PS: She didn't just make a mistake.
    Just as an FYI, the form doesn't get "filed with the IRS". If you do a paper return you mail in the form with the return. If you do an e-filed return you keep the form until the IRS asks you for it.

    For everything else I agree with TM.

  5. #5
    Join Date
    Aug 2018
    Posts
    18

    Default Re: Lock in a Dependent for 2019

    My wife didn't want to push it and go to court or the IRS, etc. Ugly divorce so she wanted to keep the peace and accept the apology and that we could claim her daughter this year. Her daughter turned 18 this year also. She wanted to stay in NJ most of the time and with her dad because of school, but we're just across the border in PA, so the daughter was with the father more than half the time, but that's also per the divorce decree. So, without contesting what happened for the 2018 tax year, can we lock her in as a dependent for 2019 in some way?

  6. #6
    Join Date
    Oct 2006
    Posts
    15,745

    Default Re: Lock in a Dependent for 2019

    Quote Quoting Diver4242
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    My wife didn't want to push it and go to court or the IRS, etc. Ugly divorce so she wanted to keep the peace and accept the apology and that we could claim her daughter this year. Her daughter turned 18 this year also. She wanted to stay in NJ most of the time and with her dad because of school, but we're just across the border in PA, so the daughter was with the father more than half the time, but that's also per the divorce decree. So, without contesting what happened for the 2018 tax year, can we lock her in as a dependent for 2019 in some way?
    There is no way to lock her in ahead of time. However, you should be aware that for an 18 year old dependent (and it was the same way last year for a 17 year old dependent) the value of claiming her, unless you are eligible for EIC or an education credit is just $500.00 for the other dependent credit. The dependency exemption no longer exists, and she was no longer eligible for the child tax credit when she turned 17.

  7. #7
    Join Date
    Oct 2014
    Posts
    7,465

    Default Re: Lock in a Dependent for 2019

    Quote Quoting Diver4242
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    So, without contesting what happened for the 2018 tax year, can we lock her in as a dependent for 2019 in some way?
    You do that by getting the Form 8332 signed by the father as he is considered the custodial parent for federal tax purposes anyway given that the daughter lives with him for more of the year than with you. You need that Form 8332 anyway, and there is nothing that prevents you from asking him for it now. If he won't provide it then you know you'll have a problem. Just note that under current law and given the daughter's age there isn't a lot of tax benefit now for claiming the daughter anyway, as llworking mentioned.

  8. #8
    Join Date
    Jul 2018
    Posts
    1,796

    Default Re: Lock in a Dependent for 2019

    Quote Quoting Diver4242
    View Post
    My wife and I claim her daughter every other year, alternating with her ex per the divorce agreement. Last year he claimed her when it was our turn, claiming it was a mistake. I'm concerned he may do it again for 2019. Can i pre-file or something, or file on Jan 1 with the intent on amending, to make sure we get to claim her this year?
    You cannot file your 2019 tax returns before the end of 2019. Also, you filing early isn't going to prevent her ex from claiming the child. If both parents claim the child, then the IRS will eventually investigate to determine which parent had the legal right to do so, and the parent who improperly claimed the child may get hit with additional taxes, interest and penalties.

  9. #9
    Join Date
    Oct 2014
    Posts
    7,465

    Default Re: Lock in a Dependent for 2019

    Quote Quoting pg1067
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    You cannot file your 2019 tax returns before the end of 2019. Also, you filing early isn't going to prevent her ex from claiming the child. If both parents claim the child, then the IRS will eventually investigate to determine which parent had the legal right to do so, and the parent who improperly claimed the child may get hit with additional taxes, interest and penalties.
    While that's true, if the OP gets the Form 8332 signed by the ex now then there won't be a problem with the OP's claim to the dependent and the tax benefits that go with it. Without the Form 8332 the OP is stuck and cannot claim any of those benefits.

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