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Level 5
April 11, 2024
Question

head of household

  • April 11, 2024
  • 1 reply
  • 8 views

New client.  She lives with her boyfriend and they have a child.  All live together in same house.

Boyfriend claimed single last year and claimed the child as a dependent.  He got the EIC. He did not pay more than 50% for the upkeep of the house.

Girlfriend filed single.  Can she file HOH without claiming the child as a dependent?  She paid more than 50% for the upkeep of the house.  

Am I reading Publication 501 correctly that the only exception is for non-custodial divorced or separate parents?

My clients are both custodial parents.  

Trying to figure out if last year was filed correctly and how to file this year.

 

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    1 reply

    BobKamman
    Level 15
    April 11, 2024

    She cannot claim HoH if she does not have a dependent.  The rules for divorced parents obviously do not apply.  They probably did it right last year, because the father's income qualified him for higher EIC than the mother's.  

    maughactAuthor
    Level 5
    April 11, 2024

    Thank you!  I agree but wanted to double check.