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February 8, 2023
Question

Can you claim head of household still if your dependent filed their 1040 already and used their deduction?

  • February 8, 2023
  • 1 reply
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A family, one adult and a dependent adult child, always filed as head of household and got the Earned Income Credit. This year, however, The dependent adult child, who earned less than $4,400, filed individually and used their individual deduction.  

 

Does this mean that the adult can't file as head of household and is now not going to get the Earned Income Credit?  Can it be fixed by filing a 1040X for the dependent adult child and refiguring his taxes without the deduction?  H&R Block seemed to imply that you could still file as Head of Household in this situation.

 

 

1 reply

Employee
February 8, 2023

 

There are no "individual deductions" or personal exemptions, but if someone can be claimed as a dependent on another person's tax return they are supposed to indicate that on their tax return.   

 

 

If your dependent already filed and said on their return that they cannot be claimed as a someone else's dependent, then your dependent has already put their SSN into the system.  You will have to file your return claiming the dependent by mail.   Once the dependent's return has been fully processed they can amend, but you do not need to wait for that.  Claim your dependent and file as HOH.

 

When you mail a tax return, you need to attach any documents showing tax withheld, such as your W-2’s or any 1099’s.  Use a mailing service that will track it, such as UPS or certified mail so you will know the IRS/state received the return.

Federal and state returns must be in separate envelopes and they are mailed to different addresses.  Read the mailing instructions that print with your tax return carefully so you mail them to the right addresses.

**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.**