My boyfriend and I have been living together since the last tax year. We welcomed a baby in 2024, also bought a home and are unsure what would be the best status to file?

[MIMI98-NR]

I’m a salary based employee and he earns hourly wages.

[DoninGA]

Since you are not legally married you can only file your tax returns as Single.

However, depending on who provided over one-half the cost to maintain the home, they may be able to have Head of Household filing status if they claim the child on their tax return.

See this for head of household - https://ttlc.intuit.com/turbotax-support/en-us/help-article/tax-filing-status/qualify-head-household...

[MIMI98-NR]

Thank you for your reply @DoninGA. 

He and I make about the same amount of money and have shared the cost of the home equally. Is there a way of determining who would be better suited filing head of household? We also have two additional kids from a previous marriage, which I claim on my return each year. Does it matter whose return  our infant is filed on? 

[DoninGA]

The children can be claimed by either of you or split between both of you.  Only the child that is a biological relation to the taxpayer claiming them on their return can have HOH filing status.

Since you both have income and both are able to claim a biological child on their tax return, you need to do two tax returns to see which one gives the best outcome.  Only one of you can have Head of Household filing status since you are both living in the same household.

[xmasbaby0]

Owning a home has no effect on your filing status.  You cannot file a joint return if you are not legally married--home ownership does not entitle you to file a joint return.   You each file as Single, or maybe one of you can file as Head of Household.   Since you are not married, the child can only be claimed on ONE of your tax returns---the other parent should not enter anything at all about the child on their return.

As for home ownership:

CO-OWNING A HOME

https://ttlc.intuit.com/turbotax-support/en-us/help-article/tax-credits-deductions/deduct-mortgage-i...

Go to Federal> Deductions and Credits> Your Home to enter mortgage interest, property taxes, and loan origination fees (“points”) that you paid in 2024  You should have a 1098 from your mortgage lender that shows this information.  Lenders send these in January/early February.

[MIMI98-NR]

Thank you @xmasbaby0 and @DoninGA. 

Your responses are very helpful in being informed and preparing how to file our returns! 

[Opus 17]

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@MIMI98-NR wrote:

Thank you for your reply @DoninGA. 

He and I make about the same amount of money and have shared the cost of the home equally. Is there a way of determining who would be better suited filing head of household? We also have two additional kids from a previous marriage, which I claim on my return each year. Does it matter whose return  our infant is filed on? 

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To claim head household status, one of you must pay more than half the household expenses.  It only has to be $1 more than half.  But if you pay exactly half, then neither one can file as head of household, because exactly half is not more than half.  

Generally, the parent who earns more money should claim head of household status and the child dependent, and the other parent should file as single with no dependents.  However, this gets more complicated if you are in the income range to qualify for EIC, and the only way to know which way to file is best is to try some different scenarios before you decide on one.  Once turbotax online opens for the season, you can create multiple accounts with different user names and passwords, and test different combinations (the web site is "free to start" and you only pay when you are ready to file).  Just be sure that when you are ready to actually file, you file one return each that contains the correct information, and that you don't get your real return mixed up with your practice returns.  

If you are not legally married and you current boyfriend is not a legal parent of the other two children (by marriage, blood, state foster placement or adoption) then only you can claim those two children.  The only way to know the best way to claim the infant is to test different combinations.   It really depends on your exact income, deductions, and other tax items and there is no one size fits all answer.

As far as housing expenses is concerned (mortgage interest and property taxes), it will usually be better for one person to deduct them all, and not split them.  Usually the person with higher income, but not always.  You can say that partner A pays the mortgage and taxes, while partner B pays the utilities, food, and other household expenses.