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July 31, 2024
Question

Who should claim two kids

  • July 31, 2024
  • 2 replies
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My fiancé and I are having our second child in November. Since we’re not married yet, we’re wondering if head of household should claim both children, or if each should claim one for most amount of money back. Thank

2 replies

Employee
July 31, 2024

There are many factors involved in the calculations. Try it both ways and choose which is better. 

Employee
July 31, 2024

Yes---try it both ways to see which is better.  What you CANNOT do is file a joint tax return if you are not legally married.   And each child can only be on ONE tax return--so decide which parent claims one or both children.  There is no "sharing" of the child-related credits if you are all living together as a family.   The one who earns the most and pays over half the household expenses is the one who can file as head of household.

 

If you somehow do not agree on who will claim the children, there are tie-breaker rules:

 

TIE BREAKER RULES

 

https://itap1.for.irs.gov/owda/0/resource/Commentary_Files_Redirect_ITA/en-US/help/tbrk09.html

 

 

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**