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Ask the community...

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Freya Pedersen

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Has anyone used the dependency exemption release form (Form 8332) successfully? My understanding is that if the custodial parent (parent with more custody nights) signs this form, it allows the non-custodial parent to claim the child tax credit. But does this also transfer all tax benefits like the earned income credit or head of household status?

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Omar Hassan

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I've used Form 8332 for the past 4 years with my ex. It only transfers the Child Tax Credit and the dependency exemption. The custodial parent still gets to claim head of household filing status and the earned income credit if they qualify. The IRS is very specific about this - those benefits stay with whoever the child lives with more, regardless of who claims them as a dependent.

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Freya Pedersen

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Thanks for clarifying that! That makes more sense now. I was worried I'd be giving up too many benefits, but if I can still claim head of household as the custodial parent, that makes a big difference. I'll look into working out an arrangement with my ex.

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Jenna Sloan

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I went through almost the exact same situation with my ex-husband three years ago. The communication issues and the "we'll see" responses sound so familiar! Here's what I learned from my experience and working with a tax professional: Since your parenting plan doesn't specify who claims your son, you're right that the IRS tiebreaker rules apply. With true 50/50 custody, it typically goes to the parent with higher AGI (your ex). However, there are a few strategies that worked for me: 1. **Document everything**: Keep a detailed calendar of overnight stays, not just the planned schedule. Sometimes the actual nights differ from what's written. If you can prove you had more nights, that trumps the income rule. 2. **Track all expenses**: Save receipts for healthcare, clothes, activities, school supplies, etc. While this doesn't change the legal right to claim, it's valuable evidence if disputes arise. 3. **Consider negotiation**: Even though your ex makes more, the Child Tax Credit might be worth more to you at your income level. You could offer to handle more expenses in exchange for alternating years or her signing Form 8332. 4. **Get legal help if needed**: If this becomes a pattern, modifying your parenting plan to include tax provisions might be worth the cost to avoid annual conflicts. The "first to file" approach creates more problems than it solves, so I'd avoid that route. Focus on documentation and see if you can work out an agreement for future years.

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Clay blendedgen

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One thing nobody mentioned yet - when you mail in your paper return claiming the dependent that was already claimed, it will trigger what's called a "duplicate dependent investigation" automatically. The IRS will send notices to both you and the other party who claimed the child. Don't be alarmed when you get this notice! It's just part of the process. Make sure you respond to any IRS letters within the timeframe they specify (usually 30 days).

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Ayla Kumar

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This happened to me and I freaked out when I got the notice thinking I was in trouble! Wish I had known this was standard procedure.

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Melissa Lin

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I'm going through something very similar right now with my nephew who I've had custody of for two years. His mom claimed him even though she hasn't seen him since last spring. One thing I learned is that you should also keep detailed records of things like school enrollment forms, medical appointments, and even grocery receipts that show you're buying food for the child. The IRS wants to see proof that the child actually lived with you and that you provided more than half their support. Also, if you have any documentation from social services or the court system about the foster placement, make sure to include copies of those with your paper return. The clearer you can make it that you're the legal caregiver, the stronger your case will be when they investigate the duplicate claim. Don't let the bio parents intimidate you out of claiming what you're legally entitled to. You're doing the right thing by fighting this!

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QuantumQuasar

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Thank you so much for sharing your experience! This is exactly the kind of detailed advice I needed. I've been keeping most of the receipts and documentation, but I hadn't thought about things like grocery receipts showing I'm buying food for him. That's really smart. I do have all the court documents and social services paperwork from when he was placed with me, so I'll definitely include copies of those. It's reassuring to hear from someone in a similar situation who's fighting for what's right. The whole thing has been so stressful, but you're absolutely right - I shouldn't let his bio parents cheat the system and take benefits they're not entitled to. Did you end up having to go through the full investigation process, or did the IRS resolve it quickly once they saw your documentation?

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Layla Mendes

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I'm dealing with a similar situation right now! Just got quoted $950 for my return which includes one rental property and a K1 from a partnership investment. What really helped me was asking the accountant to break down exactly what they'd be doing - turns out they include a consultation about tax planning for next year and will handle any IRS correspondence if issues come up. When I compared that to cheaper options, some were just basic preparation with no ongoing support. I ended up negotiating down to $800 by agreeing to have all my documents organized digitally beforehand. Maybe try asking your accountant what's included in that $1200 and see if there's any flexibility based on how prepared your paperwork is?

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Ethan Brown

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That's a really smart approach asking for the breakdown! I never thought about negotiating based on how organized my documents are. Did they give you a checklist of what "organized digitally" meant to them? I'm pretty good with spreadsheets and scanning docs, so if I could save a few hundred bucks by doing the prep work myself, that seems like a win-win.

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Ryan Vasquez

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Shop around for sure! I had a similar experience last year - first accountant quoted me $1,400 for two rental properties and a K1, which seemed crazy high. I ended up finding someone who charged $750 for the exact same work and did a great job. The key thing I learned is that pricing varies wildly between tax preparers, even for identical situations. Some charge per form, others have flat rates for complexity levels, and some just seem to charge whatever they think they can get away with. I'd recommend getting at least 2-3 quotes and asking each one to explain their fee structure. Also ask about their specific experience with rental property taxes - you want someone who knows the ins and outs of depreciation, passive activity rules, etc. Don't just go with the cheapest, but definitely don't assume the most expensive is the best either.

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Carmen Ortiz

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This is exactly the kind of advice I needed to hear! I was starting to think maybe I just didn't understand tax preparation costs, but hearing that you found someone for $750 vs $1,400 for the same work makes me feel like I should definitely shop around more. Do you have any tips for evaluating whether a tax preparer actually knows rental property taxes well? I'm worried about ending up with someone cheap who might miss important deductions or make mistakes. What questions did you ask when you were getting those quotes?

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Julian Paolo

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I understand the confusion about filing for a "dormant" entity, but think of Form 5471 like this: it's not just about reporting business income - it's about transparency. The IRS needs to know about ALL foreign entities controlled by US persons, even if they never operated. Your client was legally the owner/director of a Belize corporation from the moment it was incorporated until it was dissolved. That relationship triggers the filing requirement regardless of activity level. The good news is that most schedules will be straightforward since there were no transactions, funding, or operations to report. The penalty for not filing starts at $10,000 and can increase, so it's definitely not worth the risk. Plus, having a complete filing actually protects your client by creating a clear paper trail showing the entity's brief, inactive existence should the IRS ever have questions down the road.

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LilMama23

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This is exactly the kind of clear explanation I was looking for! As someone new to international tax situations, I really appreciate how you've broken down the "why" behind the requirement. The transparency aspect makes perfect sense - the IRS wants to know about the relationship itself, not just whether money changed hands. Your point about creating a protective paper trail is especially valuable. Thank you for helping me understand that this isn't just bureaucratic red tape, but actually serves a legitimate regulatory purpose.

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Mikayla Davison

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Based on my experience with similar situations, your client definitely needs to file Form 5471. I had a client who formed an Irish company that never operated, and we initially thought we could skip the filing since there was no business activity. Big mistake - the IRS sent a notice about the missing form and we had to go through the reasonable cause process to avoid penalties. The key thing to remember is that Form 5471 is an information return, not just a tax return. It's required whenever a US person has the required ownership/control relationship with a foreign corporation, regardless of activity level. For your client's situation with the Belize corporation, even though it's being dissolved in the same year with zero operations, the filing is still mandatory. The silver lining is that with no funding, no business operations, and no income, most of the schedules will be very simple to complete. Just make sure to get proper dissolution documentation from Belize as others have mentioned, and file the 5471 with the client's personal return. It's much easier to file a simple 5471 now than deal with penalty notices later.

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Diego Vargas

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Thank you for sharing that real-world example! It's really helpful to hear from someone who's actually been through the penalty notice process. Your point about it being an information return rather than just a tax return really drives home why the IRS cares about these filings even when there's no taxable activity. I'm curious - when you went through the reasonable cause process, was it difficult to get the penalties waived? And how long did that whole process take to resolve? This kind of practical insight is invaluable for those of us who don't deal with international situations regularly.

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NebulaNova

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One important detail nobody's mentioned yet: if your refund is being offset, you should receive a notice from the Bureau of the Fiscal Service (BFS) explaining which agency is receiving the money and their contact information. This notice typically arrives AFTER the offset has occurred, which is why checking your transcript is so important. Did you receive any correspondence from the IRS or BFS about potential offsets before filing?

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Paolo Conti

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According to 31 CFR ยง 285.5(d)(6)(ii), the creditor agency is required to send you a notice at least 60 days before the offset occurs, including the type and amount of the debt and your appeal rights. However, this applies to the initial notification when your debt first enters the TOP system, not necessarily each time a tax refund is intercepted. If you've moved since the debt occurred, you may never have received this notice.

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Amina Diallo

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IMPORTANT TIMING ISSUE: If you identify an offset on your transcript but believe it's incorrect, you have only 65 days from the date of the offset notice to request a review! Don't wait to take action if you see those codes appear. The TC 898 date starts your clock for disputing the offset even if you haven't received the official letter yet.

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StarStrider

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If you're planning for medical expenses and worried about offsets, I'd recommend checking multiple sources before counting on your refund money. Start with calling the Treasury Offset Program at 800-304-3107 (as Ava mentioned) - it's automated and quick. Then pull your transcript from irs.gov to look for those TC 898 codes. I learned the hard way last year that even if everything looks normal initially, offset codes can appear later in the process. For medical planning, it's better to assume the worst case scenario until you actually see the money in your account. The stress of unexpected financial changes when dealing with medical issues is awful - been there myself.

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Rachel Clark

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This is really solid advice about checking multiple sources first. I'm actually in a similar situation right now - have some upcoming medical procedures and was counting on my refund to help cover costs. The idea of checking the Treasury Offset Program number before getting too invested in spending plans makes a lot of sense. It's frustrating that we have to do detective work just to know if we'll actually get our own money back, but better to know ahead of time than be blindsided when you're already dealing with health issues.

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