Filing status

Forum|Forum|6 years ago
January 15, 2020
2 replies
5 views

I am unmarried, living with my boyfriend. Together we have one child. I have two other children that live with us the entire year and he has two other children who live with us half the time. I am claiming the child we have together. What filing status should we choose if all above applies and we split everything?

Fowlkeslm

Level 2

Turbotax does a great job recommending the correct filing staus, but as long as you split expenses and nobody tries to claim a child that will be claimed by the other parent, single head of household will probably be your best option to maximize your return.

LeonardS

Level 14

There are two filing statuses that apply to your situation; filing as single or filing as head of household. Because you are not married you can not file as married filing jointly.

One of the qualifications, among others, to file as head of household is that you pay over half of the household expenses. As the two of you live in the same house only one of you can claim paying more than half of the expenses.

Each of you will have to file your own tax returns. TurboTax will determine the best filing status for each of you based upon the information that you provide to TurboTax.

The link Guide to Filing Taxes as Head of Household has information that you may find useful.

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NG0114Author

Level 2

I will claim my children as dependents but how should he claim? He is claiming one and his ex is claiming their other child. Does he need to list the child he isn't claiming? Or, can that be left off?

TomD8

Alumni - Champ

<<how should he claim? He is claiming one and his ex is claiming their other child.>>

The right to claim a child belongs to the custodial parent, which the IRS defines as the parent with whom the child spent more than half the year. Since there are 365 days in the year, the split cannot be half and half.

The custodial parent may relinquish their right to claim a child to the non-custodial parent by providing them with a completed and signed Form 8332, which the non-custodial parent must then submit with their tax return. Here's a link to that form: https://www.irs.gov/pub/irs-pdf/f8332.pdf

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