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A divorced mother asks whether she can file a joint tax return with her eldest son (from a previous marriage) while also having a minor child under shared custody. The DGT responds that it is not possible to select only one child for the joint tax return.
Question posed: Whether she can file a joint tax return with her eldest son from her marriage
In cases of separation or shared custody, the option for joint taxation belongs to the person holding legal custody. If the option for joint taxation with a minor child is chosen, all minor children must be included, whether they are common children or not. If an attempt were made to file jointly with one child and not the other, the minor child would belong to two family units simultaneously, which is prohibited.
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