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Can you claim head of household without claiming your child as dependent?

Can you claim head of household and not claim the child as dependent, and NOT claim any other benefits (EIC, child tax credit, dependent care credit, etc)? Let's say two UNMARRIED parents live together and have kids. They both make money. Can it be structured like this:

Parent #1 files as single, claims all the kids, and claims all the credits (EIC, child tax credit, dependent care credit). 

Parent #2: files as head of household, doesn't claim any of the credits, doesn't claim any kids as dependents. 

Can they do it like this? 

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3 Replies

Can you claim head of household without claiming your child as dependent?

No.  If all of you live together then only one of you claims the children.   The parent who claims the children can file Head of Household and gets the child-related credits.  Share with each other however you want to.   In general, the one with the higher income should claim the children.

 

The scenario your are trying to use is only for divorced or never married couples who live apart and have a signed Form 8332.  That does not apply to your situation.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
Hal_Al
Level 15

Can you claim head of household without claiming your child as dependent?

You said kids (plural). You could claim one child and then be Head of Household (HoH). But you would still have to be the one paying more than half the household expenses. Two parents living together can not both be HoH.

TomD8
Level 15

Can you claim head of household without claiming your child as dependent?

If the couple has more than one child, the parent wanting to file HOH has to do claim at least one of them as a dependent (and pay more half the expenses of keeping up the home).  The other parent files Single and claims the remaining child or children.

**Answers are correct to the best of my ability but do not constitute tax or legal advice.

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