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Roy | Filing head of Household? |
Is it possible for two people to file head of household with the same child?
They're not married, they live together, it's both of thier child and one claimed her as a dependent for HofH and the other claimed her as a non-dependent qualifying child for HofH. Is that even possible? |
 |
 
Rockyrocks
|
no, only one head of household for one child.
only one person may claim a deduction for a child
see the irs ruling:
If you are a U.S. citizen married to a nonresident alien you may qualify to use the head of household tax rates. Although your nonresident alien spouse cannot qualify you as a head of household, you can qualify if (a) or (b) applies:
You paid more than half the cost of keeping up a home that was the principal home for the whole year for your mother or father for whom you can claim an exemption (your parent does not have to have lived with you), or
You paid more than half the cost of keeping up the home in which you lived and in which one of the following also lived for more than half the year:
Your unmarried child, grandchild, stepchild, foster child, or adopted child. A foster child will qualify you for this status only if you can claim an exemption for the child
Your married child, grandchild, stepchild, or adopted child for whom you can claim an exemption, or for whom you could claim an exemption except that you signed a statement allowing the noncustodial parent to claim the exemption, or the noncustodial parent provides at least $600 support and claims the exemption under a pre-1985 agreement
Any relative listed below for whom you can claim an exemption:
Parent Father-in-law
Grandparent or other direct ancestor Brother-in-law
Brother Sister-in-law
Half-brother Half-sister
Sister Son-in-law
Stepbrother Daughter-in-law
Stepsister Mother-in-law |
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Michael K
|
It's possible, but it's not legal. If there's an audit, it'll be disallowed. (only one person can claim HOH on a single dependent.
From the IRS website:
"If the parents of a year old child never married but live together with the child for the tax year, and both contribute to the cost of maintaining the household for the child and themselves, may they both file as head of household?
Only one taxpayer may claim the child as a qualifying child for purposes of filing as head of household. Also, a taxpayer filing as head of household must furnish over half the cost of maintaining the household. Therefore, both parents may not file as head of household. For more information, please refer to Publication 501, Exemptions, Standard Deduction, and Filing Information, for more information" |
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♥dealt with love♥
 |
that doesn't sound right. Only one head of household, only one person can claim the kid |
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v b
 |
There is no form to "split" the child if you are living together. (The form 8832 only applies if the parents are NOT living together.)
While the child is a qualifying child for both parents, the child can only be claimed by one of them. That parent can claim the exemption, any child care expenses they paid, the child tax credit, EIC, and head of household (if they can show they paid more than 50% of the expenses). If the parents can't decide who will claim the child, the tiebreaker the IRS will use is the parent with the higher AGI.
The parent who doesn't claim the child cannot claim any of these benefits. They will have to file as single and claim only their own exemption. Even if they have very low income, they are not eligible for EIC (because they have a qualifying child that someone else is claiming). |
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Dawn C
 |
No. refer to IRS Pub 17 Chapter 3 Table 3-2 tie breaker rule |
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Gary
|
These two people are not eligible especially when using the same child. Eventually, the IRS will be contacting them. |
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jadedragon1979
 |
Only one person can claim a child as a dependent. Thats why the child has to live with you for 6 months and one day to qualify as your dependent. |
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Joe
|
Only one of them can be a Head of Household.
From IRS Website:
Head of Household
You may be able to file as head of household if you meet all the following requirements.
You are unmarried or “considered unmarried” on the last day of the year.
You paid more than half the cost of keeping up a home for the year.
A “qualifying person” lived with you in the home for more than half the year (except for temporary absences, such as school). However, if the “qualifying person” is your dependent parent, he or she does not have to live with you. See Special rule for parent, later, under Qualifying Person. (end).
Since one of the qualifying traits for HoH is that you pay >50% of the household expenses, two people living together can not both be HoH... |
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wartz
 |
There is only one head of household per household. |
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momvader73
|
No, a household cannot have 2 heads, so to speak. If both file as head of household, it is tax fraud.
Usually, the person who made the most money would be considered head of household. |
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jwishz
|
Only one parent can claim and absent a divorce stipulation which gives this right to one or the other, the HOH goes to the parent who provides the majority of the child's care (financially) |
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Chelmsford♥Reiki
|
call the irs.
free tax service help line |
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baby girl 101
|
no that does not even sound close to being right they need to get there **** straight |
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stephanie_hamett
|
some of those long answers are mostly correct...
yes ~ only one can claim head of house hold...
but there is a form that can be filled out where the parents split the tax advantages of having a child...
if you are in this situation, best to consult with your tax advisor on this matter to see if it would be advantageous to you and the other parent. |
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