Head of household

Discussions from before 2005.

Head of household

Unread postby dicdad » Thu Jan 06, 2005 5:42 pm

does anyone have any experience w/ the IRS & this.

I have the kids on paper less than 50% but, more than 60% in acuality.

am I head of household?
dicdad
 

Re: Head of household

Unread postby divdad » Thu Jan 06, 2005 5:42 pm

sorry about the typo
divdad
 

Re: Head of household

Unread postby Bolivar » Thu Jan 06, 2005 6:06 pm

From my understanding the IRS looks at who is listed as “Residential Parent” on the divorce decree. If you are the CP then you automatically are designated as the “Residential Parent”.

If you have Joint physical custody you will have to look at the divorce to see who was listed as “Residential Parent”

The IRS does not get into the debate of who has the children.
Bolivar
 

Re: Head of household

Unread postby Pete » Thu Jan 06, 2005 6:12 pm

If you have not lived with your ex for at least six months, regardless of claiming dependant or not, and if you paid more than 50% of upkeep of house, you may file head of household.

There are other exceptions and guidelines, but I think you should be fine as the filing status is irrespective of claiming dependant. However, if legally married on 12/31/04 and living separate, you cannot claim head of household...you must claim married filing separate, or married filing joint.
Pete
 

Re: Head of household

Unread postby CoDad » Thu Jan 06, 2005 9:12 pm

Pete,

I disagree with your statement about filing Head of Household. You can't file HOH if married. If you have been separated for more than 6 months in 2004 and provided more than 50% of upkeep of house, then you can file HOH. You can't file both HOH and married, separate or jointly. Think about this, my situation is identical. I have paid more than $10k in just alimony alone in 2004. If I filed married (separate or joint), then you would not get any credit for alimony paid. I am somewhat familiar with this scenario. Again, always smart to contact a Tax Professional (which I have done). I am just challenging your statement.
CoDad
 

Re: Head of household

Unread postby CoDad » Thu Jan 06, 2005 9:15 pm

In other words.......HOH is not filing married and is not filing single. Again, if you were separted more than 6 months in 2004 and you qualify, then HOH is correct. You would not even be able to deduct alimony if you filed married. If you filed single you will get nailed. HOH is the better scenario if qualified. It sounds like Divdad is.
CoDad
 

Re: Head of household

Unread postby CoDad » Thu Jan 06, 2005 9:17 pm

Even if you are still legally married, you can still qualify for HOH if you meet the requirements. I just went through this with Turbo Tax and a CPA. Don't overlook this very important tax issue. It could mean several thousands of dollars like it does in my situation. I ain't whistling Dixie!
CoDad
 

Re: Head of household

Unread postby Pete » Thu Jan 06, 2005 9:46 pm

"However, if legally married on 12/31/04 and living separate, you cannot claim head of household...you must claim married filing separate, or married filing joint."

I did not say you could file HOH if married.
Pete
 

Re: Head of household

Unread postby CoDad » Thu Jan 06, 2005 10:16 pm

Pete,

You are missing my point. This is my situation!

If you are still legally married on 12/31/04....BUT you have been separated for more than 6 months in 2004, and you have provided over 50% for home upkeep..........THEN YOU ARE QUALIFIED to FILE AS HEAD OF HOUSEHOLD.

I am trying to save Divdad thousands of dollars. YOU CAN FILE HOH IF LEGALLY MARRIED ON 12/31/04 IF YOU MEET THE REQUIREMENTS I NOTED.


PLEASE DO SOME RESEARCH AS WE DISAGREE!

We are trying to help DIVDAD here so I don't mind a challenge.
CoDad
 

Re: Head of household

Unread postby Pete » Thu Jan 06, 2005 10:18 pm

OKay fine. I made a mistake. I misread the information. Thanks for clarifying it for me.

I am in the same situation, and I was told I could not, so I not only misread the information, but was misinformed.

Sorry for the confusion.
Pete
 

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