more than one person at the same address

[jlarry]

I have a client that shares an apartment. she claims to be hoh because she pays rent shares utilities and buys her own food for her and her dependent daughter can she claim hoh? she claims that she always has in the past.

[terryats]

the taxpayer must have paid more than half the cost of keeping up a home for themselves and a qualifying person. Don’t choose this status by mistake. Be sure to check all the rules. It doesn't matter if TP shares a home as long as they meet all the rules for filing as HOH. See the tax book for all the rules.

[terryats]

You can also check link from IRS. https://www.irs.gov/pub/irs-sca/1998-041.pdf

[Dude]

Under the right circumstances both could claim HOH. In your case, one single one HOH, no problem.

[jlarry]

I agree with Dude - How ever the other persons filing status is not my business. - she made a compiling argument her house hold was her share of the apartment in which she paid 100% for her share. I told her if she had some type of written agreement it would be better. She said she thought she could get one but when I told her that I could not accept it now she got mad and took her info and left.

[Dusty2004]

Dude and Jlarry could you give me an example of where 2 people could live in the same house / apartment and both contribute over half of the cost of the household?

[jlarry]

Dusty - you miss the point - her share of the apartment is her household. It may only be one bedroom and share a bathroom but she pays for its use. If she lived in an apartment building and had a one bedroom apartment she wouldn't have to prove she paid half the apartment buildings costs and while I agree it's not the same thing she is paying for her living space for her and her daughter.

[Dude]

Dude and Jlarry could you give me an example of where 2 people could live in the same house / apartment and both contribute over half of the cost of the household?

2 households under one roof is common though two HOH is not common but still possible. If I was doing both as HOH, I would want to know they have separate bedrooms.. Where people get in trouble is applying this to situations where the two people are married, and NOT applying it to a situation where a grandparent claims medicaid as independent then is claimed as a dependent because the HOH thinks everyone under the roof is their dependent.

[BP.]

. . . where 2 people could live in the same house / apartment and both contribute over half of the cost of the household?

Contemplated in IRS Pub 4012, p. B-7, footnote 8. "There can be multiple households within a shared living quarters if certain requirements are met."

[Burke]

Dusty - you miss the point - her share of the apartment is her household. It may only be one bedroom and share a bathroom but she pays for its use. If she lived in an apartment building and had a one bedroom apartment she wouldn't have to prove she paid half the apartment buildings costs and while I agree it's not the same thing she is paying for her living space for her and her daughter.

So she never uses the kitchen? How did they calculate each "share?" If it is total rent and total utilities divided by 2, then that is not more than 1/2. Are they both on the lease? If so, does it partition their responsibility or are both liable for 100%? If in only one's name, which one? If so, is there a sublease or written agreement? Need more answers.

[Dude]

are you providing more than half of half ? is how I look at two households under one roof.

[jlarry]

Burke, it does not matter what part of the house she shares it doesn't even mater if she is paying half the rent. She is paying 100% of her SHARE. She is renting space in the apartment and as long as she provides over 50%of the cost of supporting her daughter I believe she is entitled to hoh filing status.

[Dude]

I have a client that shares an apartment. she claims to be hoh because she pays rent shares utilities and buys her own food for her and her dependent daughter can she claim hoh? she claims that she always has in the past.

Yes she can, assuming of course the other person is not claiming her or they are not married.

[TaxGuyBill]

https://www.irs.gov/pub/irs-wd/1998-041.pdf

[Dude]

From https://www.irs.gov/pub/irs-wd/1998-041.pdfThe expenses of maintaining a household include property taxes, mortgage interest, rent, utility charges, upkeep and repairs, property insurance and food consumed on the premise. Looks like it boils down to food purchases. I bought $1000 worth of food for me and my kid. You bought $900 worth of food for you and your kid. We do not eat each others food so therefore they are separate. To counter that all food must be divided equally would be similar to saying both are entitled to a home office deduction for a space in the apartment that only one party used.