HOH for parents who are divorced but live together

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  • kamckinley
    Senior Member
    • Apr 2008
    • 178

    #16
    I think I found the answer to my question. Under the tiebreaker rules if the children live with both parents equally, the children are the qualifying child of the parent with the higher AGI. In this case, that is the mother. So if I understand the rules correctly she can qualify for EIC even though she is not HOH. Please correct me if I am wrong. Thank you!

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    • Gretel
      Senior Member
      • Jun 2005
      • 4008

      #17
      Yes, mother can claim EIC with single filing status.

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      • DonB
        Senior Member
        • Mar 2011
        • 281

        #18
        Correct in my book--

        Comment

        • taxea
          Senior Member
          • Nov 2005
          • 4292

          #19
          Sorry but two adults in the same household, sharing expenses, do not qualify for HOH. Both file S and higher income takes the kids unless there are more issues to consider.
          Believe nothing you have not personally researched and verified.

          Comment

          • Gary2
            Senior Member
            • Aug 2010
            • 2066

            #20
            Originally posted by kamckinley
            I think I found the answer to my question. Under the tiebreaker rules if the children live with both parents equally, the children are the qualifying child of the parent with the higher AGI. In this case, that is the mother. So if I understand the rules correctly she can qualify for EIC even though she is not HOH. Please correct me if I am wrong. Thank you!
            That's not precisely correct, though it doesn't affect your result.

            This particular tiebreaker rule only applies if both parents claim the child. If one parent agrees to let the other claim the child, then the AGI doesn't matter. This can be found as example 9 under the tiebreaker rules in Pub. 501, page 17.

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            • Gary2
              Senior Member
              • Aug 2010
              • 2066

              #21
              Originally posted by taxea
              Sorry but two adults in the same household, sharing expenses, do not qualify for HOH. Both file S and higher income takes the kids unless there are more issues to consider.
              We've already addressed the notion of "sharing expenses equally", but you seem to be saying that it doesn't matter how they share, i.e., if one pays 2/3s of the household expenses and the other pays 1/3, then you're saying that the one paying 2/3 can't get HoH. On what do you base that?

              Comment

              • BP.
                Senior Member
                • Oct 2005
                • 1750

                #22
                Originally posted by taxea
                higher income takes the kids
                Another tiebreaker rule. TTB has a nice new chart this year on dependency. Page 3-15, Qualifying Child of More Than One Taxpayer. It says parents can chose.

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