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Level 6
May 25, 2021
Solved

claiming childcare for dependent claimed by partner for HoH

  • May 25, 2021
  • 1 reply
  • 22 views

Client has 2 children but let partner claim them as dependents and file HoH using those children. However, she pays the childcare and he did not file for that credit. 

I was under the impression, from what I have read, that it was possible to use form 2441 for child care even if another person claims the kids as dependents. Is the problem that he is using them to file as HoH? 

i did not anticipate this when I advised her on how to do this, but from what I read it should have been fine: 

https://ttlc.intuit.com/community/tax-credits-deductions/discussion/can-i-claim-child-care-expenses-for-non-dependent-child/00/547206

https://www.irs.gov/taxtopics/tc602

 
 
 
 
 
 

This return has been rejected by the IRS, because one or more qualifying persons identified on Form 2441 Part II, Line 2(b) has already been claimed as a qualifying person on another taxpayer's return. To identify the qualifying person in question, please review the "Description" field above. 

 

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Best answer by Just-Lisa-Now-

".... let partner claim them as dependents and file HoH using those children."

Who did the kids live with?

The custodial parent would use the kids as qualifiers for HOH/EIC/Child care.  The non custodial parent would get the RRC/CTC for those kids.

The non custodial parent shouldn't have filed as HOH.

Or did they all live together?  if so, they cant split up the credits, one person takes all.

1 reply

Just-Lisa-Now-
Intuit Community Champion
May 25, 2021

".... let partner claim them as dependents and file HoH using those children."

Who did the kids live with?

The custodial parent would use the kids as qualifiers for HOH/EIC/Child care.  The non custodial parent would get the RRC/CTC for those kids.

The non custodial parent shouldn't have filed as HOH.

Or did they all live together?  if so, they cant split up the credits, one person takes all.

♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
ejdtaxmanAuthor
Level 6
May 25, 2021

They all live together, so she should be considered a custodial parent. 

I don't even know if he's the father, but the fact that they live with her should make that irrelevant right?

ejdtaxmanAuthor
Level 6
May 25, 2021

Ah, I see. Didnt read the last sentence in your reply. 

 

thanks