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February 22, 2021
Question

HOH status but not claiming dependents

  • February 22, 2021
  • 1 reply
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My ex and I and have two children. I’m filling as single and claiming our children as dependents so that I can claim EIC etc. can he file as head of household listing our children for head of household status purposes only? Just to claim the HOH and not claim them as dependents? Thanks. 

    1 reply

    Employee
    February 22, 2021

    No.    You are incorrectly trying to use a rule for divorced or unmarried parents who do NOT live together and who "share" some of the child-related credits.

     

     

    If you are a non-married couple who live together then only one of you can claim the child(ren) and the one not claiming the child does not enter anything at all on their tax return about the child. 

    **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.**
    KMC31Author
    February 22, 2021

    @xmasbaby0 @Ah, I didn’t know that. I filed before him, but my taxes haven’t been approved/denied it still has a pending status. His were already accepted. How can I correct the issue? Would I have to print and mail my taxes then have him amend his? Thanks for the help!

    Employee
    February 22, 2021

    If your BF's return was accepted and the two of you want it changed so that you alone claim the children on your own return, he has to wait until his return is accepted and fully processed in order to amend.    If your return is accepted---you also have to wait until it has been fully processed in order to amend.  it is not possible to change anything on a return that is in pending status.  

     

    Since your BF claimed them on his return, your return is very likely to be rejected with the kids' SSN's on it, so you will probably be able to just fix it and mail it.   You will not be able to e-file.  If it somehow gets accepted and you need to amend--you also have to wait for it to be fully processed before you can amend.

    **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.**