claiming childcare for dependent claimed by partner for HoH

[ejdtaxman]

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-...

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. 

[Just-Lisa-Now- · Accepted solution]

".... 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.

[ejdtaxman]

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?

[ejdtaxman]

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

thanks

[ejdtaxman]

it's not clear to me how the IRS even knows how they live together, I mean I guess they could tell because they have the same address. 

But that's not something that should trigger the e-file rejection. 

I am still a little flummoxed but your explanation was enough for me to just send it by paper. 

thanks

[Just-Lisa-Now-]

If someone else claimed the kids for HOH and as dependents she cant get any of the credits for them.

If those kids arent his, he wouldnt/shouldnt have qualified for HOH, an HOH qualifier needs to be a related, not your girlfriends kids.

[ejdtaxman]

yeah, I'm familiar with the rules on HoH, but he's not my client and I wasn't involved in that discussion or decision. 

She normally claims her own kids for HoH but she had a huge jump in income this year, and since she asked I told her she wouldn't get the CTC for them. I was unaware at the time that there was another person in the picture that might try to claim HoH for them which was how this whole fiasco came about. 

Maybe I should have put 2+2 together but it was the height of tax season and it just didn't occur to me. 

Now he's already filed and I frankly don't care what they do unless he wants to pay me to amend his return -- which I don't see happening.