Dependents

[Rhudson]

My fiancé and I both claim head of house hold due to me having separate children from him. But we share a daughter. He claims her on his taxes and as a dependent on his w-4. 

Do I have to claim her as a dependent On my w-4  if I were to get health benefits through my employer for her? 

[NCperson]

the W-4 is just a way of adjusting your tax withholdings so that it minimizes what you owe / get refunded on April 15.   it should have nothing to do with whether your daughter (or your other children) are eligible for health care under your employer's medical plan

I think the broader question is whether two people who live under the same roof. but are not married can each claim head of household.... please be sure to run your situation and your fiance's situation  through the IRS assessment tool:

https://www.irs.gov/help/ita/what-is-my-filing-status

one of the questions in the tool is whether you provided more than half of the cost keeping up a home in which you lived...and you both can't answer 'yes' since only 1 person can provide more than half the cost of keeping up the home. 

[Rhudson]

In the past when filing we where advised we both claim head of household because we aren’t married and I care for my own 2 children that he is not financially responsible for. If that’s wrong please correct me. H&R Block. 

My main concern is if I get benefits for her do I have to claim her as a dependent on my taxes because her father does. 

[Carl]

Do I have to claim her as a dependent On my w-4 if I were to get health benefits through my employer for her?

You're mixing apples with ketchup here. The IRS could care less one way or the other. But if your employer who provides those benefits require that you prove the dependent is entitled to them, that's between you and the employer. Depending on the employer requirements of the plan, "claiming" someone as a dependent does not always mean they are not a "qualified" dependent for the employer sponsored plan.

My fiancé and I both claim head of house hold

Now *THAT* will be a problem with the IRS if both of you reside in the same household. There can only be "ONE" head of household under the same roof.

[DoninGA]

If you are not legally married then only one of you can claim the child on their tax return.

When two people are living in the same household and not married, only one person can file as Head of Household.  The other would have to file as Single.  

The one filing as HOH would have a qualifying person as a dependent and pay for over one-half the cost to maintain the household.  Two people in the same household cannot contribute more than one-half each to maintain the household.  One of the two is going to contribute at least $1 more than the other person.

See IRS Publication 501, Standard Deduction, and Filing Information for the Head of Household rules page 8 - https://www.irs.gov/pub/irs-pdf/p501.pdf#page=8

Keeping Up a Home
To qualify for head of household status, you must pay more than half of the cost of keeping up a home for the year. You can determine whether you paid more than half of the cost of keeping up a home by using Worksheet 1.

[Hal_Al]

 While, it's theoretically possible that you both qualify as Head of Household (HoH), it's highly unlikely that you do. You and your roommate would have to show that you each are maintaining separate households within the same structure. If you paid over one-half of the expenses attributable to yourself and your dependent children and he also paid over one-half the expenses attributable to himself and his dependent children. Even if you split the main costs like rent and utilities 50/50, but do separate food bills, and separate phone lines, you probably meet the requirement for "maintaining separate households".

 The rule is that you must have paid more than half the household expenses. If you paid half, the other person must have paid less than half.  What you describle is a family unit and not  a roommate situation.
If your situation closely matches the IRS "Acknowledged Significant Advice" at the link below, you probably qualify. http://www.unclefed.com/ForTaxProfs/irs-wd/1998/1998-041.pdf . It's a tough standard to meet and most living arrangements will not qualify. If it's family and not unrelated people, like 2 single moms sharing a residence, it's even more unlikely. If you try it, be prepared to prove it with detailed accounting records of household expenses.