Can I claim head of household if my dad claims head of household in the same home? I’m separated, not legally and have dependents?

[mrsnataliew]

I live with my parents. And I want to know if I can claim head of household for me and my kids, if my father will be claiming that on his tax return.

[AmyW · Accepted solution]

If two individuals are living in the same household, only one person could pay more than half of the household expenses, even if you both have a qualifying dependent, so only one individual can claim head of household.

When you fill out the Personal Info section of TurboTax, TurboTax will determine whether or not your situation qualifies for Head of Household. You can double check this section to make sure that all of the information has been entered correctly.

To qualify as Head of Household, you must meet the following requirements: 

• Pay for more than half of the household expenses
• Be considered unmarried for the tax year, and
• You must have a qualifying child or dependent.

You can find out more information about the requirements for filing as Head of Household here. 

[mrsnataliew]

But our households are separate. We just occupy the same home.

[SweetieJean]

They are only separate if, for example, you each have your own apartments in the same building, with separate kitchens, etc.  Otherwise (for example) multiple roommates could all claim HOH.

[Rhodes1105]

@SweetieJean  will the irs notice two people claiming head of household using same address right away?

[SweetieJean]

@Rhodes1105Most likely, yes they will.  In fact, there have been instances of bona fide separate households in the same apartment building running into this.

[Rhodes1105]

@SweetieJean @And what would most likely be the out come if she did this by accident will it hold up both our returns or is it an easy fix because we really needed our money without having to wait months and months been a tough year:(

[Rhodes1105]

@mrsnataliew  Was wondering whatever happened with this situation?