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Head of household for the mother when child claimed themself

shf1957
Level 7

Adult child came up with a w2 and college papers (but not entitled to any college credit due to the scholarship amount).  Filed as 20 yr old wanted on their own.  Month later mother came up and wants to file HOH and claim adult child. ( Mother made less on a w2 than the child, but did withdraw from her retirement a large amount) .  I explained that the child filed and claimed themself, but I would look into seeing if she could just claim the head of household with the childs name etc.. but not put her down as a dependent.  So that really is my question. 

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4 Comments 4
jeffmcpa2010
Level 11

The Dependent is not a "Choice" thing.

Use these tools from the IRS, they help me out, when I get one of these unclear situations.

https://www.irs.gov/help/ita/whom-may-i-claim-as-a-dependent

https://www.irs.gov/help/ita/what-is-my-filing-status

 

shf1957
Level 7

Never mind, I did more investigation and honestly feel the mother does not have the right to claim the child as head of household.   But if the situation was as I first was told, then possibly yes.  

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qbteachmt
Level 15

"the mother does not have the right to claim the child as head of household. But if the situation was as I first was told, then possibly yes."

What about the other perspective: Once you determine the child qualified as a dependent, even if not being claimed, did you mark it that way on the Child's tax return?

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shf1957
Level 7

I am glad I did it the way I did it in the beginning and let the 19 yr old claim herself since one, she had a totally different address than the mother.  The 19yr old also had earned over 28,000.   When the mother came up a month later and stated that her child was in college for the first half a year etc... and that she had the rights.. THAT is when I questioned myself, if I should amend the childs.. etc...  BUT after calling and talking to her about why the addresses are different etc.. the pieces of the puzzle fit in perfectly.  The child lived 90 miles away from the mother (  and worked at the same time so she could afford her apartment)  The mother was just trying to get all she could. The mother accepted that she was going to just file on her own.. not her childs fault that the mother chose to not have enough taxes with held on her part. Thank you though for the responses. 

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