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The Daily Insight

How do you decide who gets to claims child on taxes?

Author

Andrew Mclaughlin

Published May 14, 2026

The parent who the child spends the most time with may claim the dependent. If the child spends equal time between both parents, then the parent with the highest adjusted gross income may claim the dependent. If only one of the taxpayers is the child’s parent, that parent may claim the dependent.

How can I stop someone from filing me as a dependent?

You cannot stop someone from completing and filing a fraudulent or incorrect tax return. All you can do is correctly complete and file your tax return.

What do you need to claim a child as a dependent?

If the person doesn’t have a SSN, you must show the individual taxpayer identification number (ITIN) or adoption taxpayer identification number (ATIN) to the IRS. As with a qualifying child, only one person can claim the dependent, and the dependent cannot file a joint tax return with anyone else.

Who are the dependents on your income tax return?

In order to claim someone as your dependent, the person must be: Either your qualifying child or qualifying relative; A U.S. citizen, U.S. resident, U.S. national or a resident of Canada or Mexico; Unmarried or, if married, not filing a joint return or only filing a joint return to claim a refund of income tax withheld or estimated tax paid.

How much does claiming a dependent reduce your tax bill?

For tax years prior to 2018, every qualified dependent you claim, you reduce your taxable income by the exemption amount, equal to $4,050 in 2017. This can add up to substantial savings on your tax bill.

Can a niece claim her son as a dependent?

You may be eligible to claim both your niece and her son as dependents on your return. In order to claim someone as your dependent, the person must be: Unmarried or, if married, not filing a joint return or only filing a joint return to claim a refund of income tax withheld or estimated tax paid.