Parents living together, not married, ACA provided by 1 parent, child claimed by another

[noahcwagner]

Hello,

My partner and I had a child and she provided insurance for the baby through her ACA, I had my insurance provided by my employer. We are filing separately (not married and she has a personal business that makes < $10k annually) can I claim the baby and head of household?

TIA

[DoninGA]

Only one of you can claim the child as a dependent on your tax return and the Head of Household status, if eligible.  You will have to decide which one of you can claim the child.  Who pays for the child's health insurance is not relevant.

[Critter-3]

Your issue will be that the other parent had the ACA insurance and the child is listed on her 1095-A form.   

Now listen carefully ... this can be tricky.   You must both enter the 1095-A on both returns however you get to decide how much of the premium tax credit  is allocated to each return.   The total combined must be 100% ... so she can take 100% and you take 0% ... or 50/50 ... or any combination that works best for you ... play with the percentages to see which way is best overall.