Pub. 17, Chapter 3 - Personal Exemptions & Dependents
There are two types of exemptions: personal exemptions and
exemptions for dependents. While these are both worth the same amount,
different rules apply to each type.
Personal Exemptions
You are generally allowed one exemption for yourself and, if you
are married, one exemption for your spouse. These are called personal
exemptions.
Your Own Exemption
You can take one exemption for yourself unless you can be claimed
as a dependent by another taxpayer.
Single persons.
If another taxpayer is entitled to claim you as a dependent, you
cannot take an exemption for yourself. This is true even if the other
taxpayer does not actually claim your exemption.
Married persons.
If you file a joint return, you can take your own exemption. If you
file a separate return, you can take your own exemption only if
another taxpayer is not entitled to claim you as a dependent.
Your Spouse's Exemption
Your spouse is never considered your dependent. You may be able to
take one exemption for your spouse only because you are married.
Joint return.
On a joint return you can claim one exemption for yourself and one
for your spouse.
Separate return.
If you file a separate return, you can claim the exemption for your
spouse only if your spouse had no gross income and was not
the dependent of another taxpayer. This is true even if the other
taxpayer does not actually claim your spouse's exemption. This is also
true if your spouse is a nonresident alien.
Death of spouse.
If your spouse died during the year, you can generally claim your
spouse's exemption under the rules just explained under Joint
return and Separate return.
If you remarried during the year, you cannot take an exemption for
your deceased spouse.
If you are a surviving spouse without gross income and you remarry
in the year your spouse died, you can be claimed as an exemption on
both the final separate return of your deceased spouse and the
separate return for that year of your new spouse. If you file a joint
return with your new spouse, you can be claimed as an exemption only
on that return.
Divorced or separated spouse.
If you obtained a final decree of divorce or separate maintenance
by the end of the year, you cannot take your former spouse's
exemption. This rule applies even if you provided all of your former
spouse's support.
Exemptions for Dependents
You are allowed one exemption for each person you can claim as a
dependent.
You can claim an exemption for a person if all five of
the exemption tests, discussed later, are met. You can take an
exemption for your dependent even if your dependent files a return.
But that dependent cannot claim his or her own personal exemption if
you are entitled to do so. However, see Joint Return Test,
later in this chapter.
Child tax credit.
You may be entitled to a child tax credit for each of your
qualifying children for whom you can claim an exemption. For more
information see chapter 35.
Child born alive.
If your child was born alive during the year, and the exemption
tests are met, you can take the full exemption. This is true even if
the child lived only for a moment. Whether your child was born alive
depends on state or local law. There must be proof of a live birth
shown by an official document, such as a birth certificate.
Stillborn child.
You cannot claim an exemption for a stillborn child.
Death of dependent.
If your dependent died during the year and otherwise met the
exemption tests, you can take an exemption for your dependent.
Example.
Your dependent mother died on January 15. The five exemption tests
are met. You can take a full exemption for her on your return.
Housekeepers, maids, or servants.
If these people work for you, you cannot claim exemptions for them.
Exemption tests.
The following five tests must be met for you to claim an exemption
for a dependent.
- Member of Household or Relationship Test.
- Citizenship Test.
- Joint Return Test.
- Gross Income Test.
- Support Test.
Member of Household or Relationship Test
To meet this test, a person must live with you for the entire year
as a member of your household or be related to you in one of the ways
listed later under Relatives not living with you. If at any
time during the year the person was your spouse, that person cannot be
your dependent. However, see Personal Exemptions, earlier.
Temporary absences.
A person lives with you as a member of your household even if
either (or both) of you are temporarily absent due to special
circumstances. Temporary absences due to special circumstances include
absences because of illness, education, business, vacation, and
military service.
If the person is placed in a nursing home for an indefinite period
of time to receive constant medical care, the absence is considered
temporary.
Death or birth.
A person who died during the year, but was a member of your
household until death, will meet the member of household test. The
same is true for a child who was born during the year and was a member
of your household for the rest of the year. The test is also met if a
child would have been a member except for any required hospital stay
following birth.
Test not met.
A person does not meet the member of household test if at any time
during your tax year the relationship between you and that person
violates local law.
Relatives not living with you.
A person related to you in any of the following ways does not have
to live with you for the entire year as a member of your household to
meet this test.
- Your child, grandchild, great grandchild, etc. (a legally
adopted child is considered your child).
- Your stepchild.
- Your brother, sister, half brother, half sister,
stepbrother, or stepsister.
- Your parent, grandparent, or other direct ancestor, but not
foster parent.
- Your stepfather or stepmother.
- A brother or sister of your father or mother.
- A son or daughter of your brother or sister.
- Your father-in-law, mother-in-law, son-in-law,
daughter-in-law, brother-in-law, or sister-in-law.
Any of these relationships that were established by marriage
are not ended by death or divorce.
Adoption. Before legal adoption, a child is
considered to be your child if he or she was placed with you for adoption
by an authorized agency. Also, the child must have been a member of
your household. If the child was not placed with you by an authorized
agency, the child will meet this test only if he or she was a member
of your household for your entire tax year.
Foster child.
A foster child must live with you as a member of your household for
the entire year to qualify as your dependent.
Cousin.
You can claim an exemption for your cousin only if he or she lives
with you as a member of your household for the entire year. A cousin
is a descendant of a brother or sister of your father or mother and
does not qualify under the relationship test.
Joint return.
If you file a joint return, you do not need to show that a person
is related to both you and your spouse. You also do not need to show
that a person is related to the spouse who provides support.
For example, your spouse's uncle who receives more than half his
support from you may be your dependent, even though he does not live
with you. However, if you and your spouse file separate returns,
your spouse's uncle can be your dependent only if he is a member
of your household and lives with you for your entire tax year.
Citizenship Test
To meet the citizenship test, a person must be a U.S. citizen or
resident, or a resident of Canada or Mexico, for some part of the
calendar year in which your tax year begins.
Children's place of residence.
Children usually are citizens or residents of the country of their
parents.
If you were a U.S. citizen when your child was born, the child may
be a U.S. citizen although the other parent was a nonresident alien
and the child was born in a foreign country. If so, and the other
exemption tests are met, you can take the exemption. It does not
matter if the child lives abroad with the nonresident alien parent.
If you are a U.S. citizen who has legally adopted a child who is
not a U.S. citizen or resident, and the other exemption tests are met,
you can take the exemption if your home is the child's main home and
the child is a member of your household for your entire tax year.
Foreign students' place of residence.
Foreign students brought to this country under a qualified
international education exchange program and placed in American homes
for a temporary period generally are not U.S. residents and do not
meet the citizenship test. You cannot claim exemptions for them.
However, if you provided a home for a foreign student, you may be able
to take a charitable contribution deduction. See Expenses Paid
for Student Living With You in chapter 26.
Figure 3-A. Can You Claim an Exemption for a Dependent?
Joint Return Test
Even if the other exemption tests are met, you are generally not
allowed an exemption for your dependent if he or she files a joint
return.
Example.
You supported your daughter for the entire year while her husband
was in the Armed Forces. The couple files a joint return. Even though
all the other tests are met, you cannot take an exemption for your
daughter.
Exception.
The joint return test does not apply if a joint return is filed by
the dependent and his or her spouse merely as a claim for refund and
no tax liability would exist for either spouse on separate returns.
Example.
Your son and his wife each had less than $2,000 of wages and no
unearned income. Neither is required to file a tax return. Taxes were
taken out of their pay, so they file a joint return to get a refund.
You are allowed to take exemptions for your son and daughter-in-law if
the other exemption tests are met.
Gross Income Test
Generally, you cannot take an exemption for a dependent if that
person had gross income of $2,750 or more for the year. This test does
not apply if the person is your child and is either under age 19, or a
student under age 24, as discussed later.
If you file on a fiscal year basis, the gross income test applies
to the calendar year in which your fiscal year begins.
Gross income defined.
All income in the form of money, property, and services that is not
exempt from tax is gross income.
In a manufacturing, merchandising, or mining business, gross income
is the total net sales minus the cost of goods sold, plus any
miscellaneous income from the business.
Gross receipts from rental property are gross income. Do not deduct
taxes, repairs, etc., to determine the gross income from rental
property.
Gross income includes a partner's share of the gross, not a share
of the net, partnership income.
Gross income also includes all unemployment compensation and
certain scholarship and fellowship grants. Scholarships received by
degree candidates that are used for tuition, fees, supplies, books,
and equipment required for particular courses are not included in
gross income. For more information, see chapter 13.
Tax-exempt income, such as certain social security payments, is not
included in gross income.
Disabled dependents.
For this gross income test, gross income does not include income
received by a permanently and totally disabled individual for services
performed at a sheltered workshop. The availability of medical care
must be the main reason the individual is at the workshop. Also, the
income must come solely from activities at the workshop that are
incident to this medical care. A sheltered workshop is a school
operated by certain tax-exempt organizations, or by a state, a U.S.
possession, a political subdivision of a state or possession, the
United States, or the District of Columbia, that provides special
instruction or training designed to alleviate the disability of the
individual.
Child defined.
For purposes of the gross income test, your child is your son,
stepson, daughter, stepdaughter, a legally adopted child, or a child
who was placed with you by an authorized placement agency for your
legal adoption. A foster child who was a member of your household for
your entire tax year is also considered your child.
Child under 19.
If your child is under 19 at the end of the year, the gross income
test does not apply. Your child can have any amount of income and you
can still claim an exemption if the other exemption tests, including
the support test, are met.
Example.
Marie, 18, earned $3,000. Her father provided more than half her
support. Because Marie is under 19, the gross income test does not
apply. If the other exemption tests were met, Marie's father can claim
an exemption for her.
Student under age 24.
The gross income test does not apply if your child is a student who
is under age 24 at the end of the calendar year. The other exemption
tests must still be met.
Student defined.
To qualify as a student, your child must be, during some part of
each of 5 calendar months during the calendar year (not necessarily
consecutive):
- A full-time student at a school that has a regular teaching
staff, course of study, and regularly enrolled body of students in
attendance, or
- A student taking a full-time, on-farm training course given
by a school described in (1) above or a state, county, or local
government.
Full-time student defined.
A full-time student is a person who is enrolled for the number of
hours or courses the school considers to be full-time attendance.
School defined.
The term "school" includes elementary schools, junior and
senior high schools, colleges, universities, and technical, trade, and
mechanical schools. It does not include on-the-job training
courses, correspondence schools, and night schools.
Example.
James, 22, attends college as a full-time student. During the
summer, James earned $3,000. If the other exemption tests are met, his
parents can take the exemption for James.
Vocational high school students.
People who work on "co-op" jobs in private industry as a part
of the school's prescribed course of classroom and practical training
are considered full-time students.
Night school.
Your child is not a full-time student while attending school only
at night. However, full-time attendance at a school can include some
attendance at night as part of a full-time course of study.
Support Test
You must provide more than half of a person's total support during
the calendar year to meet the support test. You figure whether you
have provided more than half by comparing the amount you contributed
to the person's support with the entire amount of support the person
received from all sources. This includes support the person provided
from his or her own funds.
You may find Table 3-1 helpful in figuring whether
you provided more than half of a person's support.
Person's own funds not used for support.
A person's own funds are not support unless they are actually spent
for support.
Example.
Your mother received $2,400 in social security benefits and $300 in
interest. She paid $2,000 for lodging and $400 for recreation.
Even though your mother received a total of $2,700, she spent only
$2,400 for her own support. If you spent more than $2,400 for her
support and no other support was received, you have provided more than
half of her support.
Child's wages used for own support.
You cannot include in your contribution to your child's support any
support that is paid for by the child with the child's own wages, even
if you paid the wages.
Year support is provided.
The year you provide the support is the year you pay for it, even
if you do so with borrowed money that you repay in a later year.
If you use a fiscal year to report your income, you must provide
more than half of the dependent's support for the calendar year in
which your fiscal year begins.
Armed Forces dependency allotments.
The part of the allotment contributed by the government and the
part taken out of your military pay are both considered provided by
you in figuring whether you provide more than half of the support. If
your allotment is used to support persons other than those you name,
you can take the exemptions for them if they otherwise qualify.
Example.
You are in the Armed Forces. You authorize an allotment for your
widowed mother that she uses to support herself and your sister. If
the allotment provides more than half of their support, you can take
an exemption for each of them, if they otherwise qualify, even though
you authorize the allotment only for your mother.
Tax-exempt military quarters allowances.
These allowances are treated the same way as dependency allotments
in figuring support. The allotment of pay and the tax-exempt basic
allowance for quarters are both considered as provided by you for
support.
Tax-exempt income.
In figuring a person's total support, include tax-exempt income,
savings, and borrowed amounts used to support that person. Tax-exempt
income includes certain social security benefits, welfare benefits,
nontaxable life insurance proceeds, Armed Forces family allotments,
nontaxable pensions, and tax-exempt interest.
Example 1.
You provide $4,000 toward your mother's support during the year.
She has earned income of $600, nontaxable social security benefit
payments of $4,800, and tax-exempt interest of $200. She uses all
these for her support. You cannot claim an exemption for your mother
because the $4,000 you provide is not more than half of her total
support of $9,600.
Example 2.
Your daughter takes out a student loan of $2,500 and uses it to pay
her college tuition. She is personally responsible for the loan. You
provide $2,000 toward her total support. You cannot claim an exemption
for your daughter because you provide less than half of her support.
Social security benefit payments.
If a husband and wife each receive payments that are paid by one
check made out to both of them, half of the total paid is considered
to be for the support of each spouse, unless they can show otherwise.
If a child receives social security benefits and uses them toward
his or her own support, the payments are considered as provided by the
child.
Support provided by the state (food stamps, housing,
etc.).
Benefits provided by the state to a needy person generally are
considered to be used for support. However, payments based on the
needs of the recipient will not be considered as used entirely for
that person's support if it is shown that part of the payments were
not used for that purpose.
Foster care payments.
Payments you receive for the support of a foster child from a child
placement agency are considered support provided by the agency.
Similarly, payments you receive for the support of a foster child from
a state or county are considered support provided by the state or
county.
If you are not in the trade or business of providing foster care to
a child, your unreimbursed out-of-pocket expenses for the support of
the foster child are considered support provided by you if you do not
deduct those expenses as a charitable contribution. For information
about the deduction for charitable contributions, see Publication 526,
Charitable Contributions.
If you are in the trade or business of providing foster care, your
unreimbursed expenses for the support of the foster child are not
considered support provided by you.
Home for the aged.
If you make a lump-sum advance payment to a home for the aged to
take care of your relative for life and the payment is based on that
person's life expectancy, the amount of support you provide each year
is the lump-sum payment divided by the relative's life expectancy. The
amount of support you provide also includes any other amounts that you
provided during the year.
Total Support
To figure if you provided more than half of the support of a
person, you must first determine the total support provided for that
person. Total support includes amounts spent to provide food, lodging,
clothing, education, medical and dental care, recreation,
transportation, and similar necessities.
Generally, the amount of an item of support is the amount of the
expense incurred in providing that item. Expenses that are not
directly related to any one member of a household, such as the cost of
food for the household, must be divided among the members of the
household. For lodging, the amount of support is the fair rental value
of the lodging.
Example.
Your parents live with you, your spouse, and your two children in a
house you own. The fair rental value of your parents' share of lodging
is $2,000 a year, which includes furnishings and utilities. Your
father receives a nontaxable pension of $4,200, which he spends
equally between your mother and himself for items of support such as
clothing, transportation, and recreation. Your total food expense for
the household is $6,000. Your heat and utility bills amount to $1,200.
Your mother has hospital and medical expenses of $600, which you pay
during the year. Figure your parents' total support as follows:
Support Provided |
Father |
Mother |
Fair rental value of lodging |
$1,000 |
$1,000 |
Pension spent for their support |
2,100 |
2,100 |
Share of food (1/6 of $6,000) |
1,000 |
1,000 |
Medical expenses for mother |
|
600 |
Parents' total support
|
$4,100 |
$4,700 |
You must apply the support test separately to each parent. You
provide $2,000 ($1,000 lodging, $1,000 food) of your father's total
support of $4,100 -- less than half. You provide $2,600 to your
mother ($1,000 lodging, $1,000 food, $600 medical) -- more than
half of her total support of $4,700. You meet the support test for
your mother, but not your father. Heat and utility costs are included
in the fair rental value of the lodging, so these are not considered
separately.
Table 3-1. Worksheet for Determining Support
Lodging defined.
Lodging is the fair rental value of the room, apartment, or house
in which the person lives. It includes a reasonable allowance for the
use of furniture and appliances, and for heat and other utilities.
Fair rental value defined.
This is the amount you could reasonably expect to receive from a
stranger for the same kind of lodging. It is used in place of rent or
taxes, interest, depreciation, paint, insurance, utilities, cost of
furniture and appliances, etc. In some cases, fair rental value may be
equal to the rent paid.
If you provide the total lodging, the amount of support you provide
is the fair rental value of the room the person uses, or a share of
the fair rental value of the entire dwelling if the person has use of
your entire home. If you do not provide the total lodging, the total
fair rental value must be divided depending on how much of the total
lodging you provide. If you provide only a part and the person
supplies the rest, the fair rental value must be divided between both
of you according to the amount each provides.
Example.
Your parents live rent free in a house you own. It has a fair
rental value of $5,400 a year furnished, which includes a fair rental
value of $3,600 for the house and $1,800 for the furniture. This does
not include heat and utilities. The house is completely furnished with
furniture belonging to your parents. You pay $600 for their utility
bills. Utilities are not usually included in rent for houses in the
area where your parents live. Therefore, you consider the total fair
rental value of the lodging to be $6,000 ($3,600 fair rental value of
the unfurnished house, $1,800 allowance for furnishings provided by
your parents, and $600 cost of utilities) of which you are considered
to provide $4,200 ($3,600 + $600).
Person living in his or her own home.
The total fair rental value of a person's home that he or she owns
is considered support contributed by that person.
Living with someone rent free.
If you live with a person rent free in his or her home, you must
reduce the amount you provide for support by the fair rental value of
lodging he or she provides you.
Property.
Property provided as support is measured by its fair market value.
Fair market value is the price that property would sell for on the
open market. It is the price that would be agreed upon between a
willing buyer and a willing seller, with neither being required to
act, and both having reasonable knowledge of the relevant facts.
Capital expenses.
Capital items, such as furniture, appliances, and cars, that are
bought for a person during the year can be included in total support
under certain circumstances.
The following examples show when a capital item is or is not
support.
Example 1.
You buy a $200 power lawn mower for your 13-year-old child. The
child is given the duty of keeping the lawn trimmed. Because a lawn
mower is ordinarily an item you buy for personal and family reasons
that benefits all members of the household, you cannot include the
cost of the lawn mower in the support of your child.
Example 2.
You buy a $150 television set as a birthday present for your
12-year-old child. The television set is placed in your child's
bedroom. You can include the cost of the television set in the support
of your child.
Example 3.
You pay $5,000 for a car and register it in your name. You and your
17-year-old daughter use the car equally. Because you own the car and
do not give it to your daughter but merely let her use it, you cannot
include the cost of the car in your daughter's total support. However,
you can include in your daughter's support your out-of-pocket expenses
of operating the car for her benefit.
Example 4.
Your 17-year-old son, using personal funds, buys a car for $4,500.
You provide all the rest of your son's support -- $4,000. Since
the car is bought and owned by your son, the car's fair market value
($4,500) must be included in his support. The $4,000 support you
provide is less than half of his total support of $8,500. You cannot
claim an exemption for your son.
Medical insurance premiums.
Medical insurance premiums you pay, including premiums for
supplementary Medicare coverage, are included in the support you
provide.
Medical insurance benefits.
Medical insurance benefits, including basic and supplementary
Medicare benefits, are not part of support.
Tuition payments and allowances under the GI Bill.
Amounts veterans receive under the GI Bill for tuition payments and
allowances while they attend school are included in total support.
Example.
During the year, your son receives $2,200 from the government under
the GI Bill. He uses this amount for his education. You provide the
rest of his support -- $2,000. Because GI benefits are included
in total support, your son is not your dependent.
Other support items.
Other items may be considered as support depending on the facts in
each case. For example, if you pay someone to provide child care or
disabled dependent care, you can include these payments as support,
even if you claim a credit for them. For information on the credit,
see chapter 33.
Do Not Include in Total Support
The following items are not included in total support.
- Federal, state, and local income taxes paid by persons from
their own income.
- Social security and Medicare taxes paid by persons from
their own income.
- Life insurance premiums.
- Funeral expenses.
- Scholarships received by your child if your child is a
full-time student.
- Survivors' and Dependents' Educational Assistance payments
used for support of the child who receives them.
Multiple Support Agreement
Sometimes no one provides more than half of the support of a
person. Instead, two or more persons, each of whom would be able to
take the exemption but for the support test, together provide more
than half of the person's support.
When this happens, you can agree that any one of you who
individually provides more than 10% of the person's support, but
only one, can claim an exemption for that person. Each of
the others must sign a written statement agreeing not to claim the
exemption for that year. The statements must be filed with the income
tax return of the person who claims the exemption. Form 2120,
Multiple Support Declaration, is used for this
purpose.
Example 1.
You, your sister, and your two brothers provide the entire support
of your mother for the year. You provide 45%, your sister 35%, and
your two brothers each provide 10%. Either you or your sister can
claim an exemption for your mother. The other must sign a Form 2120 or
a similar statement agreeing not to take an exemption for her. Because
neither brother provides more than 10% of the support, neither can
take the exemption. Your brothers do not have to sign a Form 2120 or
the written statement.
Example 2.
You and your brother each provide 20% of your mother's support for
the year. The remaining 60% of her support is provided equally by two
persons who are not related to her. She does not live with them.
Because more than half of her support is provided by persons who
cannot claim an exemption for her, no one can take the exemption.
Example 3.
Your father lives with you and receives 25% of his support from
social security, 40% from you, 24% from his brother, and 11% from a
friend. Either you or your uncle can take the exemption for your
father. A Form 2120 or a similar statement from the one not taking the
exemption must be attached to the return of the one who takes the
exemption.
Support Test for Divorced or Separated Parents
The support test for a child of divorced or separated parents is
based on the special rules explained here and shown in Figure
3-B. However, these special rules apply only if all of the
following are true.
- The parents are divorced or legally separated under a decree
of divorce or separate maintenance, or separated under a written
separation agreement, or lived apart at all times during the last 6
months of the calendar year.
- One or both parents provide more than half of the child's
total support for the calendar year.
- One or both parents have custody of the child for more than
half of the calendar year.
"Child" is defined earlier under Gross Income Test.
This discussion does not apply if the support of the child is
determined under a multiple support agreement, discussed earlier.
Figure 3-B. Support Test for Children of Divorced or Separated Parents
Custodial parent.
The parent who has custody of the child for the greater part of the
year (the custodial parent) is generally treated as the parent who
provides more than half of the child's support. It does not matter
whether the custodial parent actually provided more than half of the
support.
Custody.
Custody is usually determined by the terms of the most recent
decree of divorce or separate maintenance, or a later custody decree.
If there is no decree, use the written separation agreement. If
neither a decree nor agreement establishes custody, then the parent
who has the physical custody of the child for the greater part of the
year is considered to have custody of the child. This also applies if
the validity of a decree or agreement awarding custody is uncertain
because of legal proceedings pending on the last day of the calendar
year.
If the parents are divorced or separated during the year and had
joint custody of the child before the separation, the parent who has
custody for the greater part of the rest of the year is considered to
have custody of the child for the tax year.
Example 1.
Under the terms of your divorce, you have custody of your child for
10 months of the year. Your former spouse has custody for the other 2
months. You and your former spouse provide the child's total support.
You are considered to have provided more than half of the support of
the child. However, see Noncustodial parent, later.
Example 2.
You and your former spouse provided your child's total support for
1999. You had custody of your child under your 1993 divorce decree,
but on August 31, 1999, a new custody decree granted custody to your
former spouse. Because you had custody for the greater part of the
year, you are considered to have provided more than half of your
child's support.
Noncustodial parent.
The noncustodial parent is the parent who has custody of the child
for the shorter part of the year or who does not have custody at all.
The noncustodial parent will be treated as providing more than half
of the child's support if:
- The custodial parent signs a written declaration that he or
she will not claim the exemption for the child, and the noncustodial
parent attaches this written declaration to his or her return,
- A decree or agreement went into effect after 1984 and states
the noncustodial parent can claim the child as a dependent without
regard to any condition, such as payment of support, or
- A decree or agreement executed before 1985 provides that the
noncustodial parent is entitled to the exemption, and he or she
provides at least $600 for the child's support during the year, unless
the pre-1985 decree or agreement is modified after 1984 to specify
that this provision will not apply.
Example.
Under the terms of your 1983 divorce decree, your former spouse has
custody of your child. The decree specifically states that you are
entitled to the exemption. You provide at least $600 in child support
during the calendar year. You are considered to have provided more
than half of the child's support.
Written declaration.
The custodial parent should use Form 8332, or a similar
statement, to make the written declaration to release the exemption to
the noncustodial parent. The noncustodial parent must attach the form
or statement to his or her tax return.
The exemption can be released for a single year, for a number of
specified years (for example, alternate years), or for all future
years, as specified in the declaration. If the exemption is released
for more than one year, the original release must be attached to the
return of the noncustodial parent for the first year of such release,
and a copy must be attached for each later year.
Divorce decree or separation agreement.
If your divorce decree or separation agreement went into effect
after 1984 and it states you can claim the child as your dependent
without regard to any condition, such as payment of support, you can
attach a copy of the following pages from the decree or agreement
instead of Form 8332.
- Cover page (write the other parent's social security number
on this page).
- The page that states you can claim the child as your
dependent.
- Signature page with the other parent's signature and the
date of the agreement.
If
your divorce decree or separation agreement went into effect after 1984
and it states that you can claim the child as your dependent if you
meet certain conditions, you must attach to your return Form 8332 or
a similar statement from the custodial parent releasing the exemption.
Child support.
All child support payments actually received from the noncustodial
parent are considered used for the support of the child.
Example.
The noncustodial parent provides $1,200 for the child's support.
This amount is considered support provided by the noncustodial parent
even if the $1,200 was actually spent on things other than support.
Paid in a later year.
If you fail to pay child support in the year it is due, but pay it
in a later year, your payment of the overdue amount is not considered
paid for the support of your child, either for the year the payment
was due or for the year it is paid. It is payment of an amount you
owed to the custodial parent, but it is not considered paid for the
support of your child.
Example.
You owed but failed to pay child support last year. This year, you
pay all of the amount owed from last year and the full amount due for
this year. Your payment of this year's child support counts as support
for this year, but your payment of the amount owed from last year does
not count as support either for this year or for last year.
Third-party support.
Support provided by a third party for a divorced or separated
parent is not included as support provided by that parent. However,
see Remarried parent, later.
Example.
You are divorced. During the entire year, you and your child live
with your mother in a house she owns. The fair rental value of the
lodging provided by your mother for your child is $3,000. The home
provided by your mother is not included in the amount of support you
provide.
Remarried parent.
If you remarry, the support provided by your new spouse is treated
as provided by you.
Example.
You have two children from a former marriage who live with you. You
have remarried and are living in a home owned by your new spouse. The
fair rental value of the home provided to the children by your new
spouse is treated as provided by you.
Home jointly owned.
If you and your former spouse have the right to use and live in the
home, each of you is considered to provide half of your child's
lodging. However, if the divorce decree gives only you the right to
use and live in the home, you are considered to provide your child's
entire lodging. It does not matter if the legal title to the home
remains in the names of both parents.
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