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We’re the divorced or legally separated parents of one child. May each parent claim the child as a dependent for a different part of the tax year?

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No, each parent cannot claim the child as a dependent for different parts of the tax year. According to the IRS regulations and guidelines, a child can only be claimed as a dependent by one parent for a given tax year.

The general rule is that the custodial parent, defined as the parent with whom the child resides for the greater number of nights during the calendar year, is the one who can claim the child as a dependent. If the child resides with both parents for an equal number of nights, the parent with the higher adjusted gross income (AGI) is considered the custodial parent.

However, there is a special rule for children of divorced or separated parents (or parents who live apart). Under this rule, the noncustodial parent can claim the child as a dependent if the custodial parent releases their claim to the exemption by signing Form 8332, Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent, or a similar written declaration. The noncustodial parent must then attach this form to their tax return.

Even if the custodial parent releases the claim to the exemption, the noncustodial parent can only claim the child as a dependent and for the child tax credit or credit for other dependents. The noncustodial parent cannot claim the child for head of household filing status, the earned income credit, the credit for child and dependent care expenses, or the exclusion for dependent care benefits.

Therefore, the child cannot be split between the parents for different parts of the tax year. The child is treated as the dependent of one parent for the entire tax year, based on the custodial parent status or the release of the claim to the exemption by the custodial parent.

Sources:
Publication 504 (2023)
§ 1.152-4. Special rule for a child of divorced or separated parents or parents who live apart.
Publication 501 (2023)
Rev. Proc. 2008-48

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