My fiancé, who I live with, is claiming our son and filed HOH, do I need to take our son completely off my tax return?

[Dcd]

I claimed our son last year and he is claiming him this year. I left our sons SSN on my return but selected someone else is claiming him. I have a dependent care FSA so thought I might have to keep him to justify that, although it did also qualify me for a substantial EITC. Do I leave him in there and mail it, or do I need to remove him completely? And if i leave him on there, what is the best filing status since my fiancé already claims HOH?

[DanielV01 · Accepted solution]

Yes, you should remove him from your return.  When you are living together, only one of you can claim your son for all benefits.  Since he already has, you cannot.  You must file single.

Having said this, however, you may want to show him your return results if you were to claim him.  The difference on your return may be bigger than what it was on his.  If this might be the case, your fiancé can amend his return to relinquish his benefits and you claim your son instead.  You both would have to mail in the returns to do that.

But if you both decide that he will continue to claim your son, then you should remove his information from your return.