Which form must be filed for separation of tax benefits if a divorce occurs after December 31, 2008?

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When a divorce occurs, one of the tax considerations is the allocation of tax benefits related to dependents. Form 8332 is specifically designed for this purpose; it is used by custodial parents to release their claim to an exemption for their children. This form allows for the non-custodial parent to claim children as dependents for tax purposes, essentially outlining the terms for the allocation of various tax benefits, such as the Child Tax Credit or Earned Income Tax Credit.

This is particularly relevant after December 31, 2008, when the IRS implemented stricter rules regarding the claiming of dependents due to divorce or separation. Without filing Form 8332, the non-custodial parent would not be able to claim the dependent exemption, which can significantly impact their tax liability.

Other forms listed do not pertain to the separation of tax benefits in the context of a divorce. Form 1040 is the standard individual income tax return form. Form W-2 is used by employers to report wages paid to employees and the taxes withheld. Form 4506 is used to request a copy of a tax return from the IRS. None of these forms serve the same purpose as Form 8332 in addressing the issues that can arise

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