As indicated earlier, only one person is eligible to claim the child. And only one is eligible for Head of Household filing status.
In the case of the child living with both parents the IRS will us...
See more...
As indicated earlier, only one person is eligible to claim the child. And only one is eligible for Head of Household filing status.
In the case of the child living with both parents the IRS will use Tie-Breaker Rules.
IRS tie-breaker rules (IRS Publication 501) determine which parent claims a child when both parents (or others) claim the same qualifying child. The child is treated as the qualifying child of the parent with whom they lived the longest during the year, or if equal, the parent with the highest adjusted gross income (AGI), note
Head of Household filing status applies to only one person and, in this situation, must claim the child on their tax return. They both live in the same house with the child so it needs to be a decision who claims the child or the IRS will make the decision if they both claim the child and it will be your son.
Guide to Filing Taxes as Head of Household
In this situation there is no required waiver since all three live together in the same house. A simple decision about who will claim the child. If it's the mother, then no one can use the Head of Household filing status, each will use Single.