Dependents / Exemptions

2.2 Filing Requirements/Status/Dependents/Exemptions: Filing Status

For head of household filing status, do you have to claim a child as a dependent to qualify?

In certain circumstances, you do not need to claim the child as a dependent to qualify for head of household filing status, such as when the qualifying child is unmarried and is your child, grandchild, stepchild, or adopted child.

I am divorced with one dependent child. This year my ex-spouse will claim the child as an exemption. Does this mean I cannot qualify as head of household?

You can file as head of household even though you do not claim your unmarried dependent child as an exemption if you meet all of the following requirements:
1. You are unmarried or considered unmarried on the last day of the year.
2. You paid more than half the cost of keeping up a home for the year.
3. A qualifying person must live with you in the home for more than half the year (except for temporary absences such as school).

2.3 Filing Requirements/Status/Dependents/Exemptions: Dependents & Exemptions

I am adopting a child and do not yet have a social security number for the child. How can I claim the exemption for the child?

Parents in the process of a domestic U. S. adoption who do not have and/or are unable to obtain the child's Social Security Number (SSN) should request an Adoption Taxpayer Identification Number (ATIN) in order to claim the child as a dependent and (if eligible) to claim the child care credit.

My husband and I have provided a home for my niece and her son for the past seven months. She receives no child support from her ex-spouse, and she does not work or have any income of her own. Can I claim her and her son as dependents?

Under a new law effective with tax years beginning after December 31, 2004, your niece and her son would qualify as your dependents as your qualifying children if your niece and her son--

• Are the children or grandchildren of your brother or sister,
• Have not attained the age of 19 (or 24, in the case of full-time students) by the close of the calendar year in which your taxable year begins,
• Had the same principal place of abode as you for more than 1/2 of your taxable year, and
• Have not provided 1/2 of their own support during the calendar year in which your taxable year begins.

Is there an age limit on claiming my children as dependents?

Age will not prevent you from claiming your children as dependents. As long as the following four dependency exemption tests are met, you may claim him or her:
1. Citizenship or Resident test. Joint return test.
2. Gross income test.
3. Support test.

How do you claim a child if you agree with your ex-spouse to claim him 6 months and he claims him the other 6 months of the year?

The dependency exemption can not be split. Generally, the custodial parent is treated as the parent who provided more than half of the child's support. This parent is usually allowed to claim the exemption for the child if the other exemption tests are met. However, the noncustodial parent may be treated as the parent who provided more than half of the child's support if certain conditions are met.

The custodial parent signs a Form 8332 (PDF), Release of Claim to Exemption for Child of Divorced or Separated Parents, or a substantially similar statement, and provides it to the noncustodial parent who attaches it to his or her return. Please beware that if the custodial parent releases the exception, the custodial parent may not claim the Child Tax Credit.

My wife and I are married filing separately. We have one son and we meet all of the dependency exemption tests. We contributed an equal amount to our son's support and want to know if we both can claim him on our separate returns?

A dependency exemption may only be claimed on one return. Since your son is a qualifying child for both of you, you and your wife can decide who will claim the child.

If you pay child support, are you allowed to deduct anything on your taxes or claim the child as an exemption?

Nothing can be deducted for the child support payments. Child support payments are neither deductible by the payer nor taxable income to the payee. You may be able to claim the child as a dependent. The parent who the child lived with for the greater part of the year is the custodial parent. Generally the custodial parent is allowed to claim the exemption for the child if the other exemption tests are met. However, the noncustodial parent may be allowed to claim the exemption for the child if the custodial parent signs a Form 8332 (PDF), Release of Claim to Exemption for Child of Divorced of Separated Parents, or a substantially similar statement.

Can a court order determine who takes a child for a deduction? Does the court order supersede the IRS requirements?

Federal law determines who may claim a dependency exemption. Please refer to Publication 504, Divorced or Separated Individuals, for more information on the special rule for children of divorced or separated parents.

My son was born on December 31st. Can I claim him as a dependent? If so, will he be also qualified for the Child Tax Credit?

If your child was born alive during the year, and the exemption tests are met, you may take the full exemption. You may be entitled to a Child Tax Credit for him. Please refer to Publication 501, Exemptions, Standard Deduction and Filing Information.

My daughter was born at the end of the year. We are still waiting for a social security number. Can I send in my return and later supply the social security number for her?

If you file your return claiming your daughter as a dependent and do not provide her social security number on the return, the dependent exemption will be disallowed. You have two options. You could file your income tax return without claiming your daughter as a dependent.