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Dave
Dave, Bookkeeper
Category: Tax
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Experience:  Four years doing books, taxes, and accounting
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can I claim head of household for a dependant that is a non relative

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Good eveningCustomerand welcome to Just Answer!

Can you explain your situation a little bit more and explain who the qualifying person is that you are claiming as a dependent? Thank you and I look forward to hearing back from you soon.

Customer: replied 9 years ago.
Reply to Dave's Post: Dave you rock. The child is my boyfriend's son wwho lived with us all last year. His mother has the right to claim him per the divorce aggreement but she checked out and has agreed to let me claim him. The 1040 explanation makes it look like it has to be a relative to claim head of household although it is clear that I can claim him as a dependant. His mom will write letter certifiying the change of tax exemption.

THANKS

Cynthia
Cynthia, thank you for the quick response back. I had a feeling this was going to be your situation. While it is great that his mother has agreed to let you claim him, he will still not be a qualifying child for you in order for you to be able to file as Head of Household. You are correct though that he may qualify for you to claim him as a dependent, however because he is not related you will not be able to use this for Head of Household filing. Take a look at Example 4 on page 8 of the 1040 instructions books for further proof if needed. This explains this exact situation. However, if your boyfriend provided more than half the cost of the upkeep of the home, and was unmarried on the last day of 2007 and claims the child on his taxes he may be able to file for HOH. I am sorry that this is probably not what you wanted to hear but at least you know that you can claim him as a dependent (as long as you provided more than half of his support and he lived with you for at least half of the year) and you know for sure about the HOH filing status. Most likely you will need to file as single. Please let me know if I can be of any further assistance with this matter. Thank you for using Just Answer and please remember to leave feedback after you have clicked the Green Accept button. Have a great week.
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Customer: replied 9 years ago.
This is what I thought so I am really glad I asked.....nothing worse than filing a bad tax return. I will write a good letter of reccomendation. Thanks again for the quick response.

C

Thank you Cynthia and best of luck. Take care and have a great week:)

 

Ps: Thank you for the bonus as well, it is greatly appreciated.