Here's the situation... We're married but do not live together. I have three children from my previous marriage. Can we BOTH file as head of household and he claim one child (as a step-parent) and I claim two since we do not and have not lived together at all since we married or do we have to file either jointly or married filing separately?
2007-03-14 16:19:01 · 7 answers · asked by Chris 4 in Business & Finance ➔ Taxes ➔ United States
If you have not lived together, then you can file as Head of Household, with your child(children) qualifying you.
Your spouse could file as Head of Household if one of the stepchildren lived with him for more than six months.
So it is possible for both to file as HoH. The step-child relationship is equivalent to the child relationship for tax purposes.
You do not have to file as Married Filing Jointly or Married Filing Separately. Filing as MFJ may, or may not, be to your tax advantage. I see no tax advantage to MFS, given your information.
2007-03-14 16:51:44 · answer #1 · answered by ninasgramma 7 · 0⤊ 1⤋
To file as HoH while still married you must have lived apart from your spouse for the entire last half of 2006 AND paid more than half the cost of providing a home for one or more dependent children who live with you and can be claimed as dependents by you.
Assuming that all 3 children live with you, ONLY you can file as HoH if you otherwise meet the requirements noted above. Your estranged spouse could ONLY file Married Filing Separetely UNLESS one or more of the children actually lived with your estranged spouse.
If you don't meet the test above, your only options are Married Filing Jointly or Married Filing Separately.
If filing HoH or MFS, the custodial parent gets the exemptions for the children.
2007-03-14 16:29:05 · answer #2 · answered by Bostonian In MO 7 · 2⤊ 0⤋
It depends - where do the kids live? If the all live with you, then he can't claim head of household status based on one of them - he could only claim head of household if he had one of the children living with him.
You can file a joint return, or can each file as married filing separately. If the kids live with you, you provided over half the cost of supporting the household, and you and your husband didn't live together at all after June, then you could file as head of household.
2007-03-14 16:38:33 · answer #3 · answered by Judy 7 · 0⤊ 0⤋
Only if he has one of them....
Head of Household is for those who really need it... so if the child did not live with him he can not claim the child...
If all three actually lived with you then you can claim it. Plus the child tax credit....
The Head of Household deduction is for the benefit of the children NOT for the adult.
The intent is that single individuals with children can use the extra funds to benefit the children they are responsible for.
2007-03-14 16:30:27 · answer #4 · answered by Annemarie M 1 · 0⤊ 3⤋
possibly. opposite to what others seem to think of it is not an ordinary confident/No difficulty. You the two meet the Qualifying person try (i.e. your toddler) so i will pass that one. You the two seem to fulfill the seen single try, so i will pass that besides. (If the two of you're nonetheless married to somebody else, issues could be distinctive.) you could report as HoH in case you pay extra effective than a million/2 the fee of retaining your abode. Whichever of you paid extra effective than a million/2 the fee of retaining your abode might report as HoH and declare your toddler. the different might desire to report as single. It does not unavoidably count number which of you made the main money nevertheless absent any data to the different the IRS will presume that the single with the optimum earnings paid extra effective than a million/2 of the fee of retaining the abode. in case your archives replicate in any different case then the guy who paid extra effective than a million/2 of the fee of retaining the abode might report as HoH despite in the event that they have the decrease earnings.
2016-10-18 10:13:28 · answer #5 · answered by olis 4 · 0⤊ 0⤋
If you're not married, he can't claim a child, I'm pretty sure, or he'd have quite some proving to do if questioned. But if you think the money justifies it, take $50 and ask an accountant.
2007-03-14 16:22:41 · answer #6 · answered by T J 6 · 0⤊ 3⤋
you would file seperately I would think,e specially if you have seperate bank accounts
2007-03-14 16:21:23 · answer #7 · answered by Anonymous · 0⤊ 4⤋