How do I claim my boyfriend as head of house hold if the house is in his name

[Carl]

You don't "claim" your BF for anything on your return. However, if your BF qualifies, then on his own tax return his filing status can be HOH (only if he qualifies).

[mmccray87]

But he doesn't work and I support him and he stays home with kids I can't claim him as a dependant

[Carl]

Then there's no way your BF can be HOH or head of anything for that matter. "maybe" you can though, because of the kids, if they are your kids.

[Texas Roger · Accepted solution]

You can claim him as a dependent if he meets the following tests:

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  taxable income for the year must be less than $4,050 in 2016.

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, U.S. resident alien, U.S. national, or a resident of Canada or Mexico.

He will not qualify you to file as Head of Household but the kids may if you are their parent.

[mmccray87]

Thank you your very helpful been the bread winner for two year and was told I could claim him but if the house is in his name would he have to file that separate from my taxes

[Carl]

He has nothing to file, if he has no taxable income to report for 2016. Who owns the house doesn't matter. What matters, is who pays for and maintains a household. Obviously, that's you if he didn't work.

[mmccray87]

OK thank you new to this role of the house so want to file legally and get best return thank you again

[Carl]

You'll find these "guide me" links on the dependent entry screens. You can select that link to confirm you can "in fact" claim him, as well as the kids if you want.