Shouldn’t I able to file head of household since they have been with me the whole time although I live with someone else who won’t be filing taxes?

[hooch3131]

Do I have the right to file head of house if no one else will be doing so and they are my dependents?

[xmasbaby0]

You have not provided enough information.  We do not know if you have a qualifying dependent to file as Head of Household.

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 marital status (single or married filing separately) into MyInfo, and then enter your qualifying dependent, TurboTax will offer HOH as your filing status.

[hooch3131]

Yes I have two dependents and they are my children…but we live with my mom and she has filed them a previous year but doesn’t plan to file or claim them this year. So do I qualify? 

[SweetieJean]

Whose home do you live in?  Did you provide over half the support for the entire household in 2021?

[Affordabletaxes2021]

you don’t qualify for head of household unless you provide more than half the living expenses. and support for the child. Since your mom is supporting your child she can claim him and if she doesn’t th fact that she’s eligible to claim him but doesn’t prevents you from filing head of household. You file single with your child since Mom supports household.

[Hal_Al]

When a child lives with both the parent and the grandparent, either one of them (but not both) may claim the child as a dependent and get all the benefits.  You may decide between you who will claim the child (see exception below*).  If you can't agree, then the parent has first claim. 

You cannot claim head of household (HoH), whether you have a dependent or not,  because you do not pay more than half the household expenses. Grandparent can not claim HoH, unless she has, at least, one dependent, even though she provides most of the household support.  So, if you claim yourself and all the kids, nobody in the home can claim HoH. 

*If the parents of a child can claim the child as a qualifying child but no parent so claims the child, no one else can claim the child as a qualifying child unless that person's adjusted gross income (AGI) is higher than the highest AGI of any of the child's parents who can claim the child (grandma must have more income than you to claim your child)

[NCperson]

@hooch3131  this is a complicated subject. 

for filing status, agree with other posts, there are three requirements to claim HOH

1) you have a qualifying depedent*

2) you provide more than 50% of the household expenses - that is either your mother or you - can't be both. 

3) youi are not legally married on 12/31/21 (attempting to file HOH if you or Grandma are legally separated complicates the answer even further as the rules are different for Parent versus Grandma)

* use this tool to determine whether the children qualify as your dependents or your mother's.  Run the tool twice: the first time asnwer the questions for yourself. the 2nd time answer the questions as if your mother was answering the questions.

https://www.irs.gov/help/ita/whom-may-i-claim-as-a-dependent

If your mother provides more than 50% of the household expenses, only she could file HOH (as long as the children qualify as her dependents and she is not legally married)....doesn't mean she has to claim them to file HOH, just means she can claim them. 

why doesn't she want to claim them? 

[Opus 17]

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@hooch3131 wrote:

Yes I have two dependents and they are my children…but we live with my mom and she has filed them a previous year but doesn’t plan to file or claim them this year. So do I qualify? 

---

Head of household is a particular filing status that requires three things:

1. You pay more than half the cost of maintaining your household.

2. You claim at least one qualifying person as a dependent, usually your child.

3. You are unmarried, or you are married but have lived apart from your spouse for more than half the year.

Your household is probably your entire extended family (grandmom, mom and kids).  You have to pay more than half the total cost (food, utilities, rent or mortgage, insurance, repairs, and so on).

It's possible for unrelated roommates to be members of different households if they keep their lives separate, but it would be very difficult to show that for your extended family. You would need to show that you don't eat together, don't play together, and don't share child care, recreation, or other family activities.   Even if you were separate households, you have to pay more than half the cost of your household.

You would also have to claim your children as dependents.

Now specifically regarding dependents, you as the mother always have the first right to claim your children as dependents, even if you live with your mother and your mother provides most of their support.  However, you would still have to file as single or married filing separately, not head of household.   Your mother would be forced to amend her return, remove the children as dependents and pay back any part of her refund that came from claiming the dependents.  This is a very disruptive situation, and before you do that, you should have a long talk with your mother.  Actually figuring out who should claim the children for maximum tax savings is complicated and requires testing of different combinations. 

[hooch3131]

Yes we live with her I have also contributed by doing repairs on home providing food I pay for my kids belongings and way to get somewhere but currently do not give any but have in the past. BUt i have helped for the cost of repairs for home so im not sure..

[hooch3131]

Its just still confusing me because I pay for everything for my kids I just currently have not got our own place to live. I have helped other ways by repairs on the home, I've also had service people to come and have work done on the home but we split the bill...i provide food and all of my kids belongings other than a roof I suppose but i have tried to contribute anyway i can. I have given my mother my KIds whole childsupport payment several times to help with the bills in the past. No proof... I was never aware of doing taxes...Ive been told I couldnt file if i didnt have a job. IRS said i could file with my kids even without a job currently so now im just new to this...

[hooch3131]

She is no longer working

[NCperson]

@hooch3131 - so a few questions......

why are you so focused on HOH filing status? you can still file 'single' and claim the children..... 

the rules about filing status and qualified dependents are effectively separate.  but it is confusing because to file HOH, you need a qualifying dependent and provide for more than 50% of the household expenses. 

yes, even if you don't have a job (2021) you can file a tax return.  the benefit is the child tax credits and the stimulus payments.  

who claimed the children in 2021?