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Head of Household Filing

Posted on 1/29/19 at 8:05 pm
Posted by ThatsAFactJack
East Coast
Member since Sep 2012
1542 posts
Posted on 1/29/19 at 8:05 pm
Can I file as Head of Household with my daughter as the qualifying child if my ex wife can claim her as a dependent for 2018? We rotate years for claiming daughter as a dependent but am thinking I could still claim HOH because I pay for the home and daughter was with me more than 1/2 the year, but per our agreement ex can claim her as defendant for 2018.

If I am single, refund is $25, if I can legally claims HOH, refund is $1769.

THanks
This post was edited on 1/29/19 at 8:06 pm
Posted by ThatsAFactJack
East Coast
Member since Sep 2012
1542 posts
Posted on 1/30/19 at 8:09 am to
Bump for the morning crew
Posted by castorinho
13623 posts
Member since Nov 2010
82032 posts
Posted on 1/30/19 at 8:46 am to
No you can't.

Seems pretty straightforward. How much time she actually spent with you doesnt matter, per your agreement. It's her year to claim.
Posted by ThatsAFactJack
East Coast
Member since Sep 2012
1542 posts
Posted on 1/30/19 at 10:06 am to
It isn't straight forward per this link from the IRS.

LINK

You may still qualify for head of household filing status even though you aren't entitled to claim an exemption for your child, if you meet the following requirements:
1. You're not married or you're considered unmarried on last day of the year
2. You paid more than half of the cost of keeping up a home, that was your home and the main home of your child for more than one-half the year.

Any CPAs want to chime in?
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37106 posts
Posted on 1/30/19 at 11:24 am to
There is a way to claim HoH without claiming a dependent. You have to be the custodial parent of a qualifying child or you have to have a qualifying relative.

Custodial parent has a little different definition in the tax code than it does in the family code. It's the parent with whom the child spent more nights during the year.

It's a tight window but it can be done. Considering it's worth over $1700 to you, I would advise you consult a local competent CPA who can review the exact details of your situation and compare it to the narrow set of rules.
Posted by ThatsAFactJack
East Coast
Member since Sep 2012
1542 posts
Posted on 1/30/19 at 10:00 pm to
We share joint physical custody and have a 50/50 agreement in writing, but in reality my daughter spent approx 70% of the nights at my house for 2018. We rotate claiming the exemption. Since my ex gets the exemption for 2018 was just trying to see if I could legally claim HOH.

Thanks for the input
Posted by gobuxgo5
Member since Nov 2012
10028 posts
Posted on 1/30/19 at 10:09 pm to
We should bash a guy trying to skip out on hundreds of tax dollars while companies like GE skip out on millions
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