Head of Household Confusion

[ahungate1995]

My GF and I are expecting our first baby in November. I pay for roughly 75% of all household bills. I plan to claim the baby on my taxes and she will not claim any dependents. Will I qualify for Head of Household with the baby being born late in the year? 

Under "qualifying person" for HOH, it lists that the qualifying child has to live with you for over half the year. My confusion is that this statement isn't the same when claiming the newborn as a dependent, as long as they were born within the tax year. 

Thanks,

[VolvoGirl]

Yes it's the same.  From birth counts for the whole  year.  

[xmasbaby0]

You can claim a child born in 2022 on a 2022 tax return even if the child is born one minute before midnight on December 31.    Newborns can be claimed as having lived with you the WHOLE YEAR even if they were born at the very end of the tax year.  Make sure when you enter your child in My Info on your 2022 return you choose that the child lived with you the whole year.

As for filing as head of household---if you are the child's bio-dad, then you can file as HOH and claim your child and get the child-related credits.   If your GF lived with you the whole year and had less than $4400 of income (not counting Social Security) then you may also be able to claim her as a dependent.

Am I Head of Household?

https://ttlc.intuit.com/questions/1894553-do-i-qualify-for-head-of-household

https://ttlc.intuit.com/questions/2900097-what-is-a-qualifying-person-for-head-of-household

If you qualify as Head of Household, when you enter your marital status (single or married filing separately) into MyInfo, and then enter your qualifying dependent, TurboTax will offer HOH as your filing status.

[ahungate1995]

Thank you for the clarification! My GF makes more that enough for me to claim her, but at least I know I can still claim HOH. 

[xmasbaby0]

And....just so you are very clear----if you are all living together as a family, the child can be claimed on only ONE tax return.  There is no "sharing" the child on both of your tax returns.   GF will file as single if you are not legally married, and will not enter anything about the child on her own tax return, since you will be claiming the child to file as HOH.

[ahungate1995]

Yup, after playing with the results that seems to be the best option. Thanks

[Opus 17]

If your GF uses tax software, she should indicate that she does not support another person, so the child is only listed on your tax return.  In some cases, the dependent interview questions can't tell the difference between an unmarried couple living together, and parents who are separated or divorced, and this can create confusion. The best way to avoid this is for the parent who will not claim the child to leave the child completely off their tax return and not even mention the child. 

[Opus 17]

One more important note:

You can't file your tax return until you get the child's social security number.  If the SSN has not arrived before the April 15 filing deadline, you will need to file an extension request, and wait to file your return until you have the SSN.  If you file a return without the child's SSN, you will not be eligible for certain tax benefits (like EIC or the $2000 child tax credit), and if you file without the child and add the child later by filing an amended return, those tax benefits may still be denied. 

[ahungate1995]

Thank you for the info. We plan to get the SSN setup right after delivery so hopefully we have it in time to not have to request an extension.