Claiming child - 50/50 custody

[BP.]

If the time spent with each parent is, in fact, equal, then the parent with the greater AGI gets the child's exemption. But again, how do you learn this? If the parents won't cooperate with each other, everyone can only guess.

The instructions for form 8867, p. 3, middle right column, (hilariously :/) address this:

". . . the taxpayer should be able to tell you whether his or her AGI is higher than the AGI of the child’s parents or other person who might also claim the child."

Not usually.

[taxea]

If the parents won't cooperate with each other, everyone can only guess.

I agree with your post except for the above statement. Here is what I go by:

1. It is the TP's responsibility to provide sufficient documentation of his statements when verification is needed. ie she doesn't file and doesn't claim the child.

2. If both parents had the child an equal amount of time then 8332 is needed from the custodial parent.

3. IRS rule trumps any/all court rulings so going back to court is a waste of time and money.

4. Always get an 8332 if any questions could arise.

As for "camp" time IMO that would go to the custodial parent, not the spouse that wants to take the child as a dependent.

[David1980]

The instructions for form 8867, p. 3, middle right column, (hilariously :/) address this:

". . . the taxpayer should be able to tell you whether his or her AGI is higher than the AGI of the child’s parents or other person who might also claim the child."

Not usually.

Though that would be where the child is a qualifying child of more than one taxpayer. Say for example everyone lived together for 10 months so the residency test for qualifying child is met by both parents.

In a true 50/50 neither parent would meet the residency test so you wouldn't even be bothering with an 8867? You'd have a QR / exemption.

[BP.]

you wouldn't even be bothering with an 8867? You'd have a QR / exemption.

Form 8867- preparer’s due diligence form- Still might be needed, even w/ a QR.

https://www.irs.gov/pub/irs-pdf/f8867.pdf

[taxmom34]

just being devil's advocate: what if ex wife's boyfriend is claiming her and child on his tax return? maybe that's why she won't give 8332.

[David1980]

Form 8867- preparer’s due diligence form- Still might be needed, even w/ a QR.

https://www.irs.gov/pub/irs-pdf/f8867.pdf

OK, fair enough - while both CTC and EIC require QC with appropriate residency test being met, AOC does not.

That said, the tie breaker rules for QC of more than one person wouldn't be applicable. So it wouldn't be whoever has the higher AGI at that point but rather who pays more than half the support of the child - the support test for QR.