My partner claimed head of household on his taxes and claimed our child as a dependent. Can I also claim him as a dependent or do I file as single no dependents? Please tax pros only.
2007-04-11 09:35:21 · 4 answers · asked by Daybreak 2 in Business & Finance ➔ Taxes ➔ United States
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
2007-04-11 09:44:35 · answer #1 · answered by wizhat 1 · 0⤊ 0⤋
Only one person can use any given other person as a dependent, so if he did for 2006, then you can't. If he is the biological father of the child, then claiming him and filing as head of household is fine - if he's not the actual father but the two of you live with him and he supports you, then it wouldn't be. You say "his dad" and "our child" so I assume you're Ok on that part. But you'd file single, no dependents, just one exemption for yourself.
2007-04-11 09:52:33 · answer #2 · answered by Judy 7 · 1⤊ 0⤋
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).
2016-05-17 21:51:15 · answer #3 · answered by ? 3 · 0⤊ 0⤋
Only one person can claim him as a dependent.
2007-04-11 09:38:15 · answer #4 · answered by nyteglori 3 · 0⤊ 0⤋