HOH status with child that is not dependent

[giogis245]

Boyfriend and girlfriend live together, she is claiming child for max refund but claiming single, can BF claim HOH status without child being his dependent?

 

Thank you. 

[Pacun]

I know it works for divorce parents but I doubt it will work for parents who live together.

[Terry D EA]

Simply put, if the child is not the boyfriend's child, NO. 

[mcb39]

Been through this once already this year.  If an unmarried couple live together with THEIR child; the parent with the highest income MUST claim the child for HOH, CTC and EIC.  I read and read and found it very clearly stated on page 4-11 of Quickfinder.  These are the tie breaking rules for this particular situation and killed the EIC.  I highlighted and marked the page in case it comes up again.  Dad had to take it all.  Mom ends up owing.  If you analyze it in your mind, you know that this is fair.                                                                               

[Lion EA]

The tie-breaker rules are used when two people BOTH claim a child.

[Pacun]

Lion is correct. I do it all the time. 

Going back to the original poster, I would say NO, in your situation, one of them has to claim the exemption and then you see if that ONE parent qualifies for HH. I am assuming they both are the parents of the child.

MCB39 you should amend both returns...

I have a family of 5 people and NONE of them are students. 

Father makes 60K

Mother makes 100K

Brother 22 years old make 10K

Sister 20 years old made 17K

Brother 15 years old makes NADA.

Sister will claim 15 year old brother and will get EIC and ALL other goodies that come with the teenager's dependency.

If all of them claim the 15 year old, then the parents will prevail. If parents don't claim 15 year old, AND both siblings claim him, the female sibling will prevail.