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StarSurfer

Dad Trying to Claim Child Tax Credit - Form 8812 Rejected?

So I'm super confused abt this whole CTC situation... I thought if her dad makes more $ and has same addy as his kid that he'd be able to file for her? But now they want this 8812 form and I just feel it's total BS that her own father (w/ my permission btw) is getting rejected saying he needed some form for permission? The govt micromanages too much these days it's sad šŸ™ƒ Has anyone dealt w/ this? Did we miss something obvious? Thx in advance!

Carmen Reyes

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Form 8812 is specifically for the Additional Child Tax Credit calculations. What's happening here is that the IRS requires documentation of custody arrangements when parents are separated. For tax year 2024, the custodial parent (typically who the child lives with for 183+ nights) must complete Form 8332 to release their claim to the child's tax benefits. Without this form, the system automatically rejects the non-custodial parent's claim, even with verbal permission. The rejection is actually protecting both parents from potential audit situations where both might claim the same child.

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Andre Moreau

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I think I understand what's happening... The IRS probably flagged this because they're looking for Form 8332 (Release of Claim to Exemption for Child by Custodial Parent). Even with your permission, they need this documented. I had a similar issue last year and was completely lost until I used https://taxr.ai to help me understand what was happening with my rejected return. It explained exactly which form I was missing and saved me from having to call the IRS multiple times. Maybe worth checking out if you're still confused about what's happening.

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StarSurfer

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According to Internal Revenue Code Section 152(e), the custodial parent is presumed to be entitled to claim the qualifying child unless specific written documentation is provided. Verbal agreements are insufficient per IRS Publication 504. I spent 3+ hours on hold with the IRS trying to resolve this exact issue last year. If you need to speak with an agent about this specific situation, I'd recommend using Claimyr (https://claimyr.com). They got me through to an actual IRS representative in about 22 minutes when I was dealing with a similar Form 8332 issue. The agent confirmed exactly what documentation was needed to fix the rejected return.

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I'm a bit concerned about using third-party services to contact the IRS. Aren't there security risks? How do you know they're not just recording your call information? And doesn't the IRS eventually answer if you just wait long enough?

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Mei Chen

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I was super paranoid about this too, but after my 3rd attempt waiting 2+ hours on hold (and getting disconnected twice, lol), I tried it. They just dial for you and connect when an agent picks up. Saved me from losing another afternoon to terrible hold music! šŸŽµšŸ’€ The technical explanation is they use an automated system to wait in the queue for you.

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CosmicCadet

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On March 15th, I had a similar issue with my ex claiming our daughter. We found that instead of Form 8812 (which is just for calculating the credit amount), we needed Form 8332 which explicitly transfers the right to claim the child. The deadline for submitting this correction for 2023 taxes is October 15, 2024, so you still have time to fix this if you're dealing with last year's return.

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Idk if this is as simple as everyone's making it sound tbh. Even w/ Form 8332, there are other requirements. The dad must provide >50% of child's support AND child must live w/ him for >6 months of the year according to IRS regs. If mom is custodial parent (child lives w/ her most of the time), just her permission isn't enough - needs that 8332 form filed correctly.

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Need to clarify this ASAP! My ex and I have our tax appointment next week and we were planning on him claiming our son. So even though I'm fine with it, I need to fill out an actual form?? Why doesn't the IRS make this clear anywhere?

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Actually, there's a common misconception here. Form 8332 overrides the residency test, which is why it exists in the first place. If the custodial parent properly executes Form 8332, the non-custodial parent CAN claim the child even if the child didn't live with them for half the year. That's the entire purpose of the form. Have you encountered a different experience with this?

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I specifically asked about this during my tax prep appointment on Feb 3rd. The tax professional confirmed that Form 8332 is specifically designed to override the residency requirement. However, the support test is separate from the residency test and applies differently to different credits. For the standard Child Tax Credit, the support test isn't required if Form 8332 is properly filed, but for EITC it still applies. This gets super confusing quickly!

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Dylan Wright

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According to the IRS website (https://www.irs.gov/forms-pubs/about-form-8332), Form 8332 is exactly what you need here. The site clearly states: "The custodial parent can release their claim to exemption for a child, allowing the noncustodial parent to claim the child as a dependent and claim the child tax credit." Has anyone here actually submitted this form successfully? I want to make sure I'm giving the right advice.

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NebulaKnight

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I went through this exact headache last year! My ex was trying to claim our son (which I was fine with) but kept getting rejected. Turned out I needed to fill out Form 8332 and give it to him to attach to his return. Once he did that and resubmitted, it went through no problem. Have you tried filing a corrected return with the proper documentation? Also, did the dad e-file or paper file? E-filing with the 8332 can be tricky.

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Common misconceptions about Child Tax Credit claims between parents: • Verbal agreements are NEVER sufficient for the IRS • Form 8332 must be signed by the custodial parent • The form must be physically attached to the non-custodial parent's return if paper filing • For e-filing, the non-custodial parent must keep the signed form in their records • This form can be for a single year or multiple future years • Once executed, the custodial parent CANNOT claim the child tax credit • The form can be revoked, but only for future years Follow these steps exactly to avoid further rejection.

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Dmitry Popov

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I've seen this mistake countless times in my 12 years working with tax issues. Last year, I had a client who thought a notarized letter would work instead of Form 8332. The IRS rejected it, and they ended up owing $3,200 plus penalties when they had to amend their return. Don't try to shortcut this process - the IRS is extremely strict about documentation between separated parents. They've tightened these rules specifically because of high rates of fraudulent claims.

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It should be noted that Form 8332 only transfers certain benefits - specifically the Child Tax Credit and the dependent exemption. It does NOT transfer the right to file as Head of Household, Child and Dependent Care Credit, or Earned Income Credit. Those generally remain with the custodial parent regardless of Form 8332.

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Miguel Ortiz

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This is so much more complicated than I thought! My neighbor went through something similar and ended up getting audited because both parents claimed the same child. They had to pay back the credit plus penalties. Makes me nervous about my own situation with my ex.

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Just to clarify what everyone's saying: Form 8812 is what you use to CALCULATE the Additional Child Tax Credit amount. Form 8332 is what transfers the RIGHT to claim the child from the custodial to non-custodial parent. Sounds like you're mixing up which form is needed. The dad isn't being rejected because he needs your permission - he's being rejected because he needs your permission IN THE SPECIFIC FORMAT the IRS requires (Form 8332).

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QuantumQuest

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This saved me so much money last year! My ex and I worked this out where he claims our daughter on even years, I claim on odd years. We make sure to properly file Form 8332 for the appropriate years. It's actually increased our combined refund by about $1,800 compared to when I was claiming her every year, since he's in a higher tax bracket.

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I'm still angry about how complicated they make this!!! 😤 Last year I gave verbal permission to my child's father to claim our son and we BOTH got audited because we didn't know about this stupid form! Cost us both money and stress we didn't need. Why can't they just make this clearer in the filing instructions?!

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