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Level 2
posted Jan 17, 2021 11:04:38 AM

Filing as Head of Household without claiming child dependent

In previous year's when filing my taxes using TurboTax and claiming Head of Household, it used to ask the question whether someone else would claim the qualifying child as a dependent (for the case of divorce).  The 2020 edition did not include this question and does not seem to be recognizing this scenario as an option.  Every time I add my child's info as the qualifying person, TurboTax is automatically including my child as a dependent as well.  Any suggestions or tips?  Thanks!

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22 Replies
Expert Alumni
Jan 17, 2021 11:44:07 AM

The applicable question that is asked is "Do you have an agreement with the other parent on who can claim the child?" You should select "Yes".  That will lead to the next question about who will claim the dependent. 

 

If the other parent will claim the child per agreement, then answer as such.  You will then get indication that the child does not count as your dependent. 

 

As the custodial parent, however, the child will still show on your return as you still get any Earned Income Credit and/or Childcare Credit as well as the right to file "Head of Household." 

 

The non-custodial parent only gets the "Child Tax Credit."

 

Here is an IRS publication with more information on children of divorced parents.  

 

 

 

 

Level 2
Jan 17, 2021 11:53:23 AM

Thanks for the quick response!  I did select YES but the 2nd question regarding who is claiming the child did not pop up afterward.  Perhaps the software needs an update?

Expert Alumni
Jan 17, 2021 12:46:51 PM

Understand.  Try this. 

 

Delete the dependent.

Go ahead and sign out of TurboTax

Clear your browser cache

 

Here is a link with help if needed. 

 

Then sign back in and update "My Info" with the dependent information.

 

 

Level 2
Jan 17, 2021 2:32:32 PM

I’ve tried deleting the child and TurboTax automatically switches filing status to single. I’ve gone through the steps to change back to Head of Household and same issue - never asks the question about if someone else can claim child. I’ll try closing and re-opening from scratch. I’m using desktop version not online so don’t think clearing cache is applicable. 

Level 2
Jan 17, 2021 3:17:55 PM

@DMarkM1 Closing TurboTax after deleting the dependent then re-opening and adding back did not fix the issue.  Software still not asking the question whether someone else can claim the child after selecting yes we have a custody agreement.

Level 15
Jan 17, 2021 3:25:32 PM

That is a known bug and has been reported.

Level 15
Jan 17, 2021 3:53:01 PM

[Deleted. Posted reply to wrong thread.]

Level 2
Jan 20, 2021 2:42:54 PM

@DMarkM1 If this is a known bug that has been reported, how long should it take to get it fixed in the software?  Thanks!

Expert Alumni
Jan 20, 2021 3:51:42 PM

To claim a non-dependent, say No, I don’t have an agreement on the screen Do you have an agreement with the other parent about who can claim him/her? Do this even if you have an agreement.

 

Tell TurboTax the child spent the most nights in 2020 in your home.

 

Then select Yes, I’m letting the other parent claim him/her for 2020.

 

TurboTax will say It turns out your child doesn’t count as your dependent and the child’s status will be Nondependent on the dependent’s screen.

Level 2
Jan 21, 2021 4:38:40 AM

@ErnieS0  I tried your method above and the option to let the other parent claim the child never came up just like when I selected that I have a custody agreement.

Level 15
Jan 21, 2021 8:22:26 AM

@poohj80  As macuser_22 said a few days ago, this is a known bug and it has been reported to TurboTax. There does not appear to be any way to get it to work or to work around it. You just have to wait until TurboTax fixes the bug. They have not given any estimate of when it will be fixed.

 

Level 15
Jan 21, 2021 8:35:45 AM


@poohj80 wrote:

@ErnieS0  I tried your method above and the option to let the other parent claim the child never came up just like when I selected that I have a custody agreement.


For the workaround to work you must select that you do NOT have a custody agreement.    [Saying that you DO have a custody agreement is the bug].

 

When you say that you do NOT have an agreement then the question asking if the other parent is claiming will appear and if answered yes, will make the child a non-dependent allowing HOH.

Level 2
Jan 21, 2021 9:32:44 AM

@macuser_22 I tried this and the question as to whether the other parent can claim still did not come up.

Returning Member
Jan 21, 2021 10:24:22 AM

I can confirm that no work arounds work.  Just need to wait for a fix for this.

Level 15
Jan 21, 2021 11:15:14 AM


@poohj80 wrote:

@macuser_22 I tried this and the question as to whether the other parent can claim still did not come up.


 

Did you totally delete the dependent first and re-enter?

 

It works fine for me.

 

Level 2
Jan 21, 2021 11:26:15 AM

@macuser_22  Thanks for posting your steps above as there are several I am not seeing.  Is this in the online version or software version?  I am using the software and deleted the dependent before trying again without luck every time.

 

I have not seen the questions asking who the child's parents are or the child's living situation when answering the questions after selecting Head of Household filing status.

Level 15
Jan 21, 2021 11:40:26 AM

@macuser_22  You appear to be testing with an MFJ return. poohj80 is single and trying to file as HOH. I think that's why it works for you and not for poohj80. It does not work for a single (or divorced) filer.

 

Level 15
Jan 21, 2021 11:51:52 AM

You are correct.  the workaround only works for joint returns.

Level 2
Jan 30, 2021 9:17:38 AM

Good news...with TurboTax's latest updates, the question of whether the other parent can claim the child finally popped up.  However, there are still a few bugs as I had to go through 3 iterations before it would still accept me filing as Head of Household with a non-dependent, but at least it's progress!

 

Thanks to everyone for your assistance!

New Member
Jan 31, 2023 7:32:31 PM

what exactly did you do?? im stuck trying to figure out the same situation. It tells me I cant file as HOH because i did not pay for more than half of his living expenses when i didnt even get asked that question. Please advise if possible

Expert Alumni
Jan 31, 2023 8:02:05 PM

Yes, that question does appear in the Dependent section in MY INFO.

 

  1. Log into Turbo Tax. open up the MY INFO section of your rreturn.
  2. Scroll down to dependents and answer all the quesytions the program asks for.
  3. Go the the section that says Let's check if anyone else supported XXX last year
  4. Did you or XXX pay for more than half ofXXX living expenses in 2022? Here you will say yes.
  5. Here is a screenshot of what this looks like.

@liddybaby86

New Member
Feb 1, 2023 6:39:29 PM

I posted the initial question 2 years ago, but it didn't work for me until the software was updated several times after I started my taxes. If you have teh software, make sure you search for new updates each time you open the software.