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My adult Daughter, her partner and my Grandson (age 4) live

with me. My daughter...
My adult Daughter, her partner and my Grandson (age 4) live with me. My daughter is not my dependent. I do not claim my Grandson as a dependent either...his Mother or Father claim him, depending. I am unmarried and I provide well over half of keeping up the home for my Grandson. I have filed HOH for the past two years (since becoming unmarried) as my GrandSon passes all the tests for "HOH qualifying child." I had this thoroughly researched by H&R Block two years ago but I have recently ran across other tax forums that state I cannot claim HOH if one of his parents claims him as a dependent. Please confirm that based on my situation, I can indeed claim HOH. (Or correct me if this is wrong.) Thank you!
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7/9/2013
Megan C
Megan C, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 16,581
Experience: Licensed CPA, CFE, CMA, CGMA who teaches accounting courses at Master's Level
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MyVirtualCPA :

Thanks for asking your question! I'm sorry to hear about your tax issue and I'm going to try my best to help you understand or resolve it.

MyVirtualCPA :

Unfortunately, in order to claim HOH you have to claim the dependent on your tax return, except in a couple circumstances ... one of them being if you are the custodial parent of a child and allow the noncustodial parent to claim the child as a dependent

MyVirtualCPA :

But, if you are the grandparent you would have to claim the child as a dependent to claim head of household status

MyVirtualCPA :

Wait...I did some further research and...you CAN claim HOH status, even if the child is claimed as a dependent on someone else's return. Sorry for the confusion.

MyVirtualCPA :

Per the IRS, ""In certain circumstances, you do not need to claim the child as a dependent to qualify for head of household filing status, such as when the qualifying child is unmarried and is your child, grandchild, stepchild, or adopted child. Refer to Publication 501, Exemptions, Standard Deduction, and Filing Information, for more information."

MyVirtualCPA :

HR Block did their due diligence. You can rest assured that you handled this the correct way.

MyVirtualCPA :

Is there anything else that I can assist you with today? If not, please rate my response as "excellent" so that I may receive credit for assisting you today

Customer:

Thank you.

Megan C
Megan C, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 16,581
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Megan C
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