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Lev
Lev, Tax Advisor
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Experience:  Taxes, Immigration, Labor Relations
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My girlfriend and I live together in my home. In early May ...

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My girlfriend and I live together in my home. In early May 07, her neice was taken away from the child's mother and placed with us in my home by Georgia Dept of Family and Children Svcs. She has lived with us since then. I pay well over 95% of the living expenses - mortgage, bills, food, etc for all three of us. Because she was placed with both of us, and I pay living expenses, am I able to claim head of household? If I am able to claim head of household, does that also require me to claim the child as a dependant? If I can claim head of household without having her as a dependant, I would let my girlfriend claim her as a dependant. Under no circumstances will anyone other than the two of us claim her. I have read some things and am still not 100% clear. I am hoping that you can help. Thanks!
Submitted: 6 years ago.
Category: Tax
Expert:  Lev replied 6 years ago.

As you are not married - please verify if the child was placed with you, with your gurlfriend, or with both of you? Please verify with the Georgia Dept of Family and Children Svcs letter.
Customer: replied 6 years ago.
Reply to LEV's Post: The child was placed with both of us. She was placed here because the mother was agreeable to letting my girlfriend take her. But, I had to be involved from day one because the child was being placed with both of us. I clarified this up front since it was such a huge responsibility, and yes, she was placed with both of us.
Expert:  Lev replied 6 years ago.

Please refer to the IRS publication 501 - http://www.irs.gov/pub/irs-pdf/p501.pdf - please be aware that this publication for 2006 - updated version for 2007 is not released yet. Please review pages 9-14 that related to your question.

There are five tests that must be met for a child to be your qualifying child. The five tests are:
Relationship, - For your situation - an eligible foster child is an individual who is placed with you by an authorized placement agency or by judgment, decree, or other order of any court of competent jurisdiction.
Age,
Residency, - To meet this test, your child must have lived with you for more than half of the year.
Support, - To meet this test, the child cannot have provided more than half of his or her own support for the year.

and Special test for qualifying child of more than one person.

Based on information provided - either - you or your girlfriend are eligible to claim the child and either may be a head of household.

Customer: replied 6 years ago.
Reply to LEV's Post: quick clarifying question on your last statement. So, I could claim head of household since I pay the majority of the expenses. And, my girlfriend could claim the child as a dependant? Just want to be 100% sure.
Expert:  Lev replied 6 years ago.

Yes, you are correct - according to publication 501 - http://www.irs.gov/pub/irs-pdf/p501.pdf page 7

you may be a head of household in you have a quilified child whether or not you can claim an exemption for the person. So you may be a HOH even if you are not claiming the child as a dependent.

Lev, Tax Advisor
Category: Tax
Satisfied Customers: 22773
Experience: Taxes, Immigration, Labor Relations
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