All Things Tax

All Things Tax

Like the title says, from the filing process and tax questions to tax policy and reform, you can search and share All Things Tax here. This is the place to find answers to all your general questions that don't fall under the other categories. And just a reminder: questions about software or online filing should be posted in DIY Products.

Reply
Pioneer
Posts: 1
Registered: ‎01-22-2016

Custody

[ Edited ]

Hi im curious about if you have sole custody of a grandchild and claimed them for previous years is it possible for non custodial parent to file on their taxes but not as a dependant

Highlighted
Associate (Council Member)
Posts: 1,925
Registered: ‎12-13-2013

Custody

[ Edited ]

Hello candygirl64139. Welcome to The Community.

If I am understanding your question correctly, it appears that your grandchild is in your custody (living with you all year?) and the noncustodial parent is trying to claim him/her as a "qualifying child" probably for the purpose of claiming Earned Income Tax Credit (EITC) and/or filing as Head of Household (HOH) while not claiming the child as a dependent. Is my assumption correct?

Theoretically speaking, taxpayers can make such claims on their tax returns (even though it's wrong), HOWEVER, doing so when all requirements are not met to claim a nondependent child as their "qualifying child" is in violation of tax law - also potentially known as tax fraud. One of the qualifying child rules is the child MUST live with the parent for more than six months during the tax year.

I would strongly suggest that if you are aware that your grandchild was claimed by the noncustodial parent for these purposes, you should file FORM 3949-A Information Referral with the IRS to report this. Here is a link to that form for your convenience:

https://www.irs.gov/pub/irs-pdf/f3949a.pdf

I hope this helps to answer your question. Good luck to you.

WillMc1
Tax Professional (Retired)