So how does this rule apply when parents have a 50/50 custody split? Again, parents can't divide their claim to a dependent for tax purposes. Instead, the IRS applies a tiebreaker rule and gives the right to claim the dependent to the parent who has the child longer.
The child must be: (a) under age 19 at the end of the year and younger than you (or your spouse, if filing jointly), (b) under age 24 at the end of the year, a full- time student, and younger than you (or your spouse, if filing jointly), or (c) any age if permanently and totally disabled.
Here's how to claim the credit on your tax return Taxpayers have to complete Form 2441, and file it with their federal income tax return, to claim the child and dependent care tax credit.
The Child Tax Credit is up to $2,000. The Credit for Other Dependents is worth up to $500. The IRS defines a dependent as a qualifying child (under age 19 or under 24 if a full-time student, or any age if permanently and totally disabled) or a qualifying relative.
Child Relationship — must be your. Age: Are under 13 years old. Residency: Lived with you for more than 1/2 the year. Support: Did not provide more than 1/2 of his/her own support. Joint Return: Did not file a joint federal or state income tax return.
To meet the qualifying child test, your child must be younger than you or your spouse if filing jointly and either younger than 19 years old or be a "student" younger than 24 years old as of the end of the calendar year.
In general, the Internal Revenue Service stipulates that the parent who has primary custody of the child has the right to claim that child as a dependent on their tax return. What does this mean for your situation?
Generally, the IRS requires that the child is under the age of 19 (or under 24 if a full-time student), lives with you for more than half the year, and does not provide more than half of their own financial support.
You can claim a child as a dependent if he or she is your qualifying child. Generally, the child is the qualifying child of the custodial parent. The custodial parent is the parent with whom the child lived for the longer period of time during the year.
Keep in mind that if you choose not to claim someone who qualifies as your dependent on your return, they won't be able to claim themselves on their own return. Not claiming someone as a dependent doesn't help them earn any extra tax breaks on their own tax returns.