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Can you file as HoH and not claim your child as dependent, and have your significant other claim the

Author : Eric

Submitted : 2018-02-26 03:03:34    Popularity:     

Tags: claim  HoH  file  significant  dependent  

My girlfriend and I live together and we had a daughter in 2017. She made more money during the year and we were planning on her filing as HoH and claiming our daughter as dependent. It appears it may be beneficial for her to file as HoH, and have myself

Answers:

No.

1. It's too late now to decide who is going to claim HoH. Whomever was going to claim HoH had to pay over half the cost of keeping up the household during 2017. If one person paid more than half and one paid less than half, then only the person who paid more than half might be able to claim HoH; whomever paid less than half cannot claim HoH. If each person paid exactly half, then no one can claim HoH.

2. You cannot claim HoH unless either (a) you claim someone as a dependent, or (b) you have a child who lives with you AND the child does not live with the child's other parent AND you don't live with the child's other parent AND you signed a form that allows a parent who does not live the child to claim the child instead of you AND you could have claimed the child if you had not signed that form. If your child's other parent is living with the child or with you, then you can't claim HoH without claiming a dependent.

If she doesn't have a dependant she can't file HOH.

In your situation no, she can claim head of household. only if she also is the parent who claims the child.

No, you cannot do this.

In order to file HOH status you must have a qualifying person. That qualifying person must be either:
1. A relative that you claim as a dependent
2. A child that you could have claimed as dependent and they only reason you didn't claim them was because you gave their exemption to the non-custoial parent using form 8332.

You do not qualify to use the 8332 process. That is for divorced or separated parents where a court order grants one parent the right to claim a child who does not live with them (or a parent voluntarily gives the claim to the other parent) - but either way its for situations where parents do not live together with the child.

Head of household status also requires that the person pays more than half of the cost of maintaining a home for the child being claimed. Its generally understood that only the higher earning parent is going to meet this requirement. If your incomes are very close you could probably make the case that either one of you paid 51% of household expenses, but if there's more than a few thousand dollars difference in incomes the IRS will never believe that the lower earning parent met this requirement.

So the bottom line is that you have 2 choices.
Option 1: Your GF claims the child. She takes ALL benefits for the child that she qualifies for, including HOH status. You file as single with no dependents.

Option 2: You claim the child, you claim any benefits you qualify for but you do not use HOH status because you likely did not pay half of the household costs, therefore your status is single with 1 dependent. She files as single with no dependents.

You are free to run the numbers both ways and choose the one that results in the lowest total tax liability for your household. However you cannot split the tax benefits of the child.

you or anyone has to be eligible to claim head of household, maybe the so is not eligible to claim the child

If you are thinking of claiming your daughter in order to claim EIC, don't. The tie breaker rules come into play when the child has lived with each parent for an equal amount of time. In that case the parent with the higher income MUST claim the child.

HOH has to be head of something other than herself, otherwise she is just single.

No, you MUST have a dependent to be HoH. Period.

Nope. You live together. You do NOT qualify to use form 8332. The line for the child's name next to the HOH status REQUIRES the form.

She files HOH and claims the child for all purposes. You file as single.

Note, the poster asked "It appears it may be beneficial for her to file as HoH, and have myself claim our daughter on my taxes. Is this possible[?]" this is what they CANNOT do. They cannot split the child and cannot use form 8332.

You can but have to identify the child who qualifies you for HOH status.



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