In Florida, the parent that has the child the majority of the time typically receives the tax exemption from the IRS. However, within marital settlement agreements, the parties may negotiate for the parent with a lesser amount of overnights to alternate the exemption or have this exemption every year. For example, if the parent with the majority of the time does not need to file taxes, that parent may utilize this dependency exemption as a bargaining chip (worth approximately $4,050.00 in 2017 as a deduction).
The IRS requires in these types of scenarios for the parents to file a Form 8332 in order to allow the "noncustodial" or parent will lesser amounts of time-sharing to take the exemption.
Another consideration is the actual value of the exemption. Currently, for every $2,500.00 above $287,650.00 in gross income, the value of the exemption is reduced by 2 percent, up to $410,150.00 total gross income. After that gross income point, the exemption can no longer be taken.
This blog post is not intended to provide readers with legal advice or tax advice in any way. This does not create a legal relationship or agreement between the reader and Bouchard Law, P.A. Bouchard Law, P.A. and its attorneys and staff do not claim to be experts in tax matters. Bouchard Law, P.A. recommends consulting a tax professional to fully evaluate your tax implications and consequences of your particular position.