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I am divorced, my daughter and granddaughter live with me, I…

I am divorced, my...

I am divorced, my daughter and granddaughter live with me, I own my own home, have been head of house hold for the past 7 years. I pay the bills for the house insurance taxes and utilities. i do charge my daughter for a portion of the utilities. One year ago my former husband came to live with us, he developed Parkinson disease, he pays his own bills, and contributes toward the utilities, and food. My daughter lost her job at a school, (she has a masters in school counselor) Having difficulty finding a job she decided to go back to school to acquire a nursing degree. Her father paid close to 30,000 dollars to help in the endeavor. Can he file for head of house hold because he also helps with my daughter and granddaughter?

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3/7/2018
Tax.appeal.168
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Regarding Head of Household filing status, in general, unless the families are considered separate, only one person in the house can claim HOH status. Now, as far as her father claiming HOH, if he meets the qualifications he can file using this status, otherwise, he cannot. SEE BELOW:

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A person can file a tax return using the Head of Household if you meet all 3 of these Head of Household filing status requirements:

  1. You were not married (you were single, divorced, or legally separated), or were "considered unmarried" on the last day of the tax year.
  2. You paid more than half the cost of "keeping up a home" for the year.
  3. A "Qualifying Person" lived with you in that home for more than half the year, except for temporary absences (a dependent parent is not required to live with you).

REFERENCE SOURCE:

https://www.efile.com/irs-head-of-household-tax-filing-status/

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Customer reply replied 5 months ago
What is a qualifying person? My daughter is an Adult that had some hard knocks, and has lived with me for the past 10 years.
My granddaughter also lives with me. My former husband has helped with a large expenditure for tuition so that she can support herself. He is currently retired, and this was quite an expense for him.

For the purposes of the Head of Household filing status, a qualifying person is a child, parent, or relative who meets certain conditions, listed below.

The conditions are stricter than those for claiming a dependent; for example, you might be able to claim a roommate as your dependent, but never as a qualifying person for Head of Household status.

A qualifying child would be:

  • Your child (including legally adopted), stepchild, foster child, sibling, half-sibling, step-sibling, or a descendant of any of them (for example, your grandchild or niece) AND
  • Permanently and totally disabled OR under the age of 19 as of December 31, 2017 (under 24 if a full-time student) and younger than you (or your spouse, if filing jointly) AND
  • Lived with you for more than half the year AND
  • Single (or if the child is married, you'd have to qualify to claim them as a dependent even if you're not going to claim them as such).

A child that is too old to qualify as a child might be able to qualify as a relative for Head of Household. A qualifying relative would be:

  • Your mother or father, if you're qualified to claim them as a dependent (even if you're not claiming them as such) OR
  • A relative related by blood, legal adoption, or marriage other than a parent (child, sibling, grandparent, nephew, aunt, step-parent, in-law, etc.) AND lived with you for more than half the year AND that you're able to claim as a dependent (even if you're not claiming them as such).

-------------------------------------

Note that the three requirements mentioned in the previous thread have to be met in order to be able to claim the HOH status. Example, he would have had to pay more than half the costs relating to keeping up the home.

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Customer reply replied 5 months ago
He has helped by paying rent, to me to help cover half of the cost of taxes and insurance. My daughter could qualify as as qualifying relative. It is just that we all live at the same address, and both me and my ex spouse have helped her financially. I see that only one of us can use her a qualifying relative. However can I use my grand daughter as a qualifying relative?

Costs od keeping up a home include more than just the rent, taxes and insurance. Refer to the worksheet at the following link.

https://apps.irs.gov/app/vita/content/globalmedia/teacher/cost_of_keeping_up_home_4012.pdf

Use it to determine if he has paid more than half the costs to keep up the home. If he has, and he meets the other requirements to file HOH , then he can, otherwise he cannot.

--------------------------------

If you granddaughter meets the qualifications mentioned in one of the previous threads, then you can claim her as a qualifying child.

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