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Level 7
December 20, 2021
Solved

head of household of disabled adult child

  • December 20, 2021
  • 2 replies
  • 32 views

Client keeps home for her adult mentally challenged child who has a trust fund set up by deceased parent. Client does not use these funds and contributes only own money for entire household, for she wants to conserve the trust fund for after she passes. Her child files own tax return on the earnings of the trust and on her $2,000 W-2 at an organization for the mentally challenged. 1) Is parent a head of household without claiming a dependent; 2) Can child claim EIC on her W-2 earnings.

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Best answer by Terry53029

But mother cannot claim daughter as a dependent. Her trust income and the 2K she earns bring her over the AGI limit. No?


Your client cannot file HOH if she cannot claim a dependent. See # 5

To have a qualifying child, income does not come into play Only requirement as to income is THE CHILD DOES NOT PROVIDE OVER 50% OF THEIR SUPPORT

To qualify for head of household status, you must be either unmarried or considered unmarried on the last day of the year. You are considered unmarried on the last day of the tax year if you meet all the following tests.

  1. You file a separate return. A separate return includes a return claiming married filing separately, single, or head of household filing status.

  2. You paid more than half the cost of keeping up your home for the tax year.

  3. Your spouse didn't live in your home during the last 6 months of the tax year. Your spouse is considered to live in your home even if he or she is temporarily absent due to special circumstances. See Temporary absences , later.

  4. Your home was the main home of your child, stepchild, or foster child for more than half the year. (See Home of qualifying person , later, for rules applying to a child's birth, death, or temporary absence during the year.)

  5. You must be able to claim the child as a dependent. However, you meet this test if you can't claim the child as a dependent only because the noncustodial parent can claim the child using the rules described, later, in Children of divorced or separated parents (or parents who live apart) under Qualifying Child or in Support Test for Children of Divorced or Separated Parents (or Parents Who Live Apart) under Qualifying Relative. The general rules for claiming a child as a dependent are explained, later, under Dependents 

2 replies

BobKamman
Level 15
December 20, 2021

Age and AGI of "child" ?

GretaAuthor
Level 7
December 20, 2021

The disabled "child" is 35. AGI is $7K dividends + $2K W-2. But, oops, I forgot, the social security benefits are 22K. So that clearly makes for single filing status.

Intuit Community Champion
December 21, 2021

To file as HH you must claim qualifying child as dependent unless you are using the rules for divorced parents. If your client claims her child, then child not eligible for EITC

GretaAuthor
Level 7
December 21, 2021

The child is disabled and is now 35 yrs old. Mother does not claim her as a dependent, just HH status. Since daughter is not a dependent and earns $2K minimal at a non-profit organization, I thought that would qualify for EIC.

Level 10
December 21, 2021

please keep in mind that the distinction is "Can another person(mother) claim her as a dependent" not "Does another person claim her as a dependent".