My Mother in law lives with me and does not pay half the bills. I'm claiming head of household, but she said she is as well. Will that reduce my refund?

[ckdm123]

Rent is $1,600. She only pays $300 for two bedrooms. Pays no utilities. I'm just concerned that her claiming head of household might take some of my return.

[DoninGA]

To have Head of Household status a you must have a qualifying person claimed on your tax return as a dependent, plus pay for over one-half the cost to maintain your home.  To claim your MIL as a dependent under the Qualifying Relative rules she must meet all the requirements under the rules.

See this TurboTax support FAQ for Head of Household - https://ttlc.intuit.com/community/family/help/do-i-qualify-for-head-of-household/01/25539

To be a Qualifying Relative -

1. The person cannot be your qualifying child or the qualifying child of any other taxpayer. A child is not the qualifying child of any other taxpayer if the child's parent (or any other person for whom the child is defined as a qualifying child) is not required to file an income tax return or files an income tax return only to get a refund on income tax withheld.
2. The person either (a) must be related to you or (b) must live with you all year as a member of your household.
3. The person's gross income for the year must be less than $4,200 (social security does not count) in 2019
4. You must provide more than half of the person's total support for the year.
5. The person must be a U.S. citizen or a U.S., Canada, or Mexico resident for some part of the year.
6. The person must not file a joint return with their spouse.

[xmasbaby0]

You cannot file as Head of Household unless you have a qualified blood-related dependent.  Do you have a child/children you are claiming as dependents?  Before you get any further into the debate with your MIL we need to know that.  And who does your MIL believe she can claim 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 filing status (single or married filing separately) into Personal Info, and then enter your qualifying dependent, TurboTax will offer HOH as your filing status.

[Anonymous]

@xmasbaby0 

you do not need a relative to claim head of household 

anyone can qualify  to allow HOH filing provided all 4 test are met

1) meets relationship test (same as for qualifying child) or lived in the taxpayers household for the entire calendar year.   
2) gross income for 2019 less than $4,200
3) taxpayer provides over ½ his support
4) isn’t a qualifying child of another taxpayer. A person is not considered to be the qualifying child of another taxpayer if that other taxpayer is not required to file a tax return and that person (1) does not file such return or (2) does file solely to claim a refund of withheld taxes. This exception doesn’t apply when the other taxpayer files a return to receive the earned income credit.

[Anonymous]

who is your MIL going to claim as a dependent to enable her HOH filing?   you!

there is no way to prevent her from filing as HOH 

if she claims you and files first this will likely prevent you from e-filing.  then you will have to mail in your returns.  the same would be true for her if you filed first.

then what happens is that eventually the IRS will send both of you a notice asking for that taxpayer to amend.  if you meet all the tests to claim her as described by others, you do nothing.

if she doesn't amend, then eventually the iRS will send each of you a second notice asking for proof.

the big issue i see for claiming her is how much income did she have. if over $4200 other than social security then you can't claim her as a dependent and can't file as HOH.    

it would seem that your income would be over the $4200 limit and thus she doesn't qualify to claim HOH. unless shes claiming someone else as a dependent.

it is entirely possible that neither of you qualify to file as head of household.      it is best to talk with your MIL to settle the issue before either of you file.