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If we are not married can we both claim head of h ousehold if we claim one child each

 
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KarenJ
Intuit Alumni

If we are not married can we both claim head of h ousehold if we claim one child each

No, only the parent that pays more than half the cost of maintaining the home can claim the head of household status.

Please see below for more information.

Which parent can claim the dependent on their tax return if we live together but aren't married?

If you're living with the other parent and aren't married and don't have an agreement, the parent who has the highest adjusted income for the year has the right to claim the child on their tax return. However, you're allowed to have an agreement between the two of you about who will actually claim the child. In the case of an agreement, you won't have to fill out Form 8332. Keep in mind, the parent that claims the child as a dependent is the only one allowed to claim all the child-related credits such as the Earned Income Credit and Child and Dependent Care Credit. The other parent should not list the child on their tax return.

What about head of household filing status?

The parent claiming the child is also the only one who can claim the head of household filing status. This means the parent who claims the child would have paid more than half of the expense of maintaining the household.

If you have two children and each of you claims one, you still cannot both file as head of household because only one of you can be paying more than half the cost of maintaining the home. Also, if you split all expenses down the middle, then neither of you can claim head of household.


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1 Reply
KarenJ
Intuit Alumni

If we are not married can we both claim head of h ousehold if we claim one child each

No, only the parent that pays more than half the cost of maintaining the home can claim the head of household status.

Please see below for more information.

Which parent can claim the dependent on their tax return if we live together but aren't married?

If you're living with the other parent and aren't married and don't have an agreement, the parent who has the highest adjusted income for the year has the right to claim the child on their tax return. However, you're allowed to have an agreement between the two of you about who will actually claim the child. In the case of an agreement, you won't have to fill out Form 8332. Keep in mind, the parent that claims the child as a dependent is the only one allowed to claim all the child-related credits such as the Earned Income Credit and Child and Dependent Care Credit. The other parent should not list the child on their tax return.

What about head of household filing status?

The parent claiming the child is also the only one who can claim the head of household filing status. This means the parent who claims the child would have paid more than half of the expense of maintaining the household.

If you have two children and each of you claims one, you still cannot both file as head of household because only one of you can be paying more than half the cost of maintaining the home. Also, if you split all expenses down the middle, then neither of you can claim head of household.


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