Is it illegal to sell your IRS exemption?

Asked over 1 year ago - Wilmington, NC

We have been told by our attorney to offer the other party in a custody case $1,000 in return for the signed 8332 allowing us to claim the child on our taxes. I have received a lot of different feedback on this, from statements that selling your exemption is illegal to statements that this advice advocates extortion or bribery. Thoughts and legal substantiation?

Attorney answers (2)

  1. Bruce Givner

    Contributor Level 18


    Lawyer agrees

    Answered . I do not view that as an illegal activity if one of the two parents agrees to let the other claim a child as an exemption in exchange for monetary consideration in the dispute.

  2. Jeffrey Anton Collins

    Contributor Level 10

    Answered . The way I see it, if you're both entitled to the exemption, then making a financial agreement for one of you to take the exemption is, well ... civil. But that's an opinion.

    Tax Attorney J Anton Collins is a featured Tax Court and Criminal Tax Defense Attorney on Avvo. You may contact... more

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