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barryadia4
New Member

I'm in a domestic partnership and we have one child together. My domestic partner didn't have any income for 2017. Can I file as the head of household for 2017? Thank You

 
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Accepted Solutions
Coleen3
Intuit Alumni

I'm in a domestic partnership and we have one child together. My domestic partner didn't have any income for 2017. Can I file as the head of household for 2017? Thank You

Probably. The requirements are below.

You qualify if you:

  1. Were unmarried as of December 31, 2017 and
  2. Paid more than half the cost to run your home (or the home of a qualifying parent who doesn't live with you) in 2017 (rent, mortgage, utilities, etc.) and
  3. Supported a qualifying person who lived with you.

If you were still legally married as of December 31 and a child lives with you, you may qualify for Head of Household under a slightly different set of rules.

*Even if you were legally married as of December 31, you are considered unmarried (and therefore eligible for Head of Household) if all 5 of these conditions apply:

  1. You won't be filing jointly with your spouse; and
  2. Your spouse didn't live in your home after June (temporary absences due to illness, school, vacation, business, or military service don't count); and
  3. Your home was your child's, stepchild's, or foster child's main home for more than half the year (non-child dependents in your home don't qualify); and
  4. You paid more than half the costs of keeping up your home during the tax year; and
  5. You meet the qualifications to claim the child as your dependent, even if the other (noncustodial) parent is actually claiming the child as a dependent on their return

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5 Replies
Coleen3
Intuit Alumni

I'm in a domestic partnership and we have one child together. My domestic partner didn't have any income for 2017. Can I file as the head of household for 2017? Thank You

Probably. The requirements are below.

You qualify if you:

  1. Were unmarried as of December 31, 2017 and
  2. Paid more than half the cost to run your home (or the home of a qualifying parent who doesn't live with you) in 2017 (rent, mortgage, utilities, etc.) and
  3. Supported a qualifying person who lived with you.

If you were still legally married as of December 31 and a child lives with you, you may qualify for Head of Household under a slightly different set of rules.

*Even if you were legally married as of December 31, you are considered unmarried (and therefore eligible for Head of Household) if all 5 of these conditions apply:

  1. You won't be filing jointly with your spouse; and
  2. Your spouse didn't live in your home after June (temporary absences due to illness, school, vacation, business, or military service don't count); and
  3. Your home was your child's, stepchild's, or foster child's main home for more than half the year (non-child dependents in your home don't qualify); and
  4. You paid more than half the costs of keeping up your home during the tax year; and
  5. You meet the qualifications to claim the child as your dependent, even if the other (noncustodial) parent is actually claiming the child as a dependent on their return
Opus 17
Level 15

I'm in a domestic partnership and we have one child together. My domestic partner didn't have any income for 2017. Can I file as the head of household for 2017? Thank You

@TurboTaxColeen you need to update the date in #1. 🙂
*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*
Opus 17
Level 15

I'm in a domestic partnership and we have one child together. My domestic partner didn't have any income for 2017. Can I file as the head of household for 2017? Thank You

@barryadia4 because the IRS does not recognized DPs, you are single (unmarried).  So you would never report your partner's income on a joint return.  And your ability to file as HOH just depends on whether you paid more than half the cost of the home you lived in, and if you claim a qualifying dependent.
*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*
Coleen3
Intuit Alumni

I'm in a domestic partnership and we have one child together. My domestic partner didn't have any income for 2017. Can I file as the head of household for 2017? Thank You

ok
Coleen3
Intuit Alumni

I'm in a domestic partnership and we have one child together. My domestic partner didn't have any income for 2017. Can I file as the head of household for 2017? Thank You

thanks
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