Can i claim my children as dependents on my tax return if i am not head of the household and i am living with someone?

[Phillip1 · Accepted solution]

Yes. As long as the other individual is not the other parent. See the complete rules in IRS Publication 501.

In order to claim your children as dependents, the following must apply:

1. They are under the age of 19, or they are full-time students between the ages of 19-24.

2. They are your children

3. They live with you for more than half of the year.

4. They don't provide more than half of their own support.

If the other individual is a parent, they will meet the qualifications above. If this is the case, the following tie breaker rules apply:

• If only one of the persons is the child's parent, the child is treated as the qualifying child of the parent.

• If the parents file a joint return together and can claim the child as a qualifying child, the child is treated as the qualifying child of the parents.

• If the parents don't file a joint return together but both parents claim the child as a qualifying child, the IRS will treat the child as the qualifying child of the parent with whom the child lived for the longer period of time during the year. If the child lived with each parent for the same amount of time, the IRS will treat the child as the qualifying child of the parent who had the higher adjusted gross income (AGI) for the year.

• If no parent can claim the child as a qualifying child, the child is treated as the qualifying child of the person who had the highest AGI for the year.

• If a parent can claim the child as a qualifying child but no parent does so claim the child, the child is treated as the qualifying child of the person who had the highest AGI for the year, but only if that person's AGI is higher than the highest AGI of any of the child's parents who can claim the child. If the child's parents file a joint return with each other, this rule can be applied by dividing the parents' combined AGI equally between the parents. See Example 6.

So, if one of the people who live with you is the child's other parent and they make more money than you, they will be entitled to the dependency exemption over you.

[vanessarenae_]

I ask this question because my father in law stated to me that i can't claim my children on my tax return because i am not head of the household and my children, husband and I live with him. So even though me my husband and children live with my father in law and mother in law i am still able to claim my kids on my tax return as dependents?

[Phillip1]

Yes. The dependent exemption goes to you, the parents, even though you can't claim head of household..

[vanessarenae_]

Can I claim my children on my taxes as my dependents although I am living with my in laws and they are filing as head of household

[Phillip1]

You can claim your children, but you can't claim head of household status.