According to current tax laws in the United States, a parent may claim a child as a dependent on their tax return as long as the child meets certain criteria. One of the criteria is that the child must live with the parent for more than half the year. Therefore, if the child is living with their other parent for more than half the year, the parent cannot claim them as a dependent on their tax return.
Additionally, the IRS has specific guidelines for determining which parent may claim a child as a dependent in situations where the child spends time living with both parents. Generally, the parent who has the child for the majority of the year or who provides more than half of the child's financial support is the one who may claim the child as a dependent.
There may be exceptions to this rule, such as in cases where the custodial parent releases their claim to the exemption or if the parents have a written agreement stating that the non-custodial parent may claim the child. However, it is important to note that any such agreements must be in compliance with IRS regulations and may require the assistance of a qualified tax professional or legal counsel.
If a parent believes they may be able to claim their child as a dependent despite the child living with the other parent, they should seek advice from a licensed attorney or tax professional who can provide guidance specific to their situation. It is not recommended to claim a child as a dependent without meeting the criteria set forth by the IRS, as doing so could result in penalties and additional taxes owed.
By
