Tax Return question

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Re: Tax Return question

Unread postby Outis » Mon Apr 17, 2017 12:07 pm

HOH requires a dependent to reside with you for more than half the year.
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Re: Tax Return question

Unread postby JimRockford » Mon Apr 17, 2017 12:07 pm

lovingfatherof2 wrote:Me and my ex both have been claiming HOH even when I only had 131 overnights. I don't think HOH has anything to do with overnights.


Just because you have been doing it, does not make it right, see below from IRS Pub 501:



Head of Household


You may be able to file as head of household if you meet all the following requirements.


1.You are unmarried or considered unmarried on the last day of the year. See Marital Status , earlier, and Considered Unmarried , later.

2.You paid more than half the cost of keeping up a home for the year.

3.A qualifying person lived with you in the home for more than half the year (except for temporary absences, such as school). However, if the qualifying person is your dependent parent, he or she doesn't have to live with you. See Special rule for parent , later, under Qualifying Person.
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Re: Tax Return question

Unread postby lovingfatherof2 » Mon Apr 17, 2017 12:13 pm

My tax guy would never risk his business or license for me, it must be legal if he has done this two years in a row. She uses the same guy, he has our court order in our files too.

If HOH requires that the kids live with you more than half the year then who claims HOH if parenting time is equal? No one claims it?
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Re: Tax Return question

Unread postby JimRockford » Mon Apr 17, 2017 12:17 pm

lovingfatherof2 wrote:My tax guy would never risk his business or license for me, it must be legal if he has done this two years in a row. She uses the same guy, he has our court order in our files too.

If HOH requires that the kids live with you more than half the year then who claims HOH if parenting time is equal? No one claims it?



There are 365 days in a year, it can't be equal. You better check with your tax guy again, as the IRS rules on this are pretty clear.
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Re: Tax Return question

Unread postby Outis » Mon Apr 17, 2017 12:18 pm

lovingfatherof2 wrote:My tax guy would never risk his business or license for me, it must be legal if he has done this two years in a row. She uses the same guy, he has our court order in our files too.

Read it from the IRS. Your tax guy is dead wrong, and you should know better.

https://www.irs.gov/publications/p501/a ... 1000220815

lovingfatherof2 wrote:If HOH requires that the kids live with you more than half the year then who claims HOH if parenting time is equal? No one claims it?

365 / 2 = ???

It can only be perfectly split on leap years, and odds are someone will have an extra day or two somewhere.
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Re: Tax Return question

Unread postby dicktracy » Mon Apr 17, 2017 12:20 pm

So my ex is entitled to claim Head of Household as our child stayed 10-12 overnights more with ex in 2016 than I? Whether ex believes she is Custodial Parent or not doesn't hold weight here.
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Re: Tax Return question

Unread postby lovingfatherof2 » Mon Apr 17, 2017 12:26 pm

Court order now is 182.5 overnights each.

Its in our court order, black and white.

So who claims HOH then?
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Re: Tax Return question

Unread postby JimRockford » Mon Apr 17, 2017 12:28 pm

lovingfatherof2 wrote:Court order now is 182.5 overnights each.

Its in our court order, black and white.

So who claims HOH then?


Your court order does not trump IRS code.
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Re: Tax Return question

Unread postby gamingdad » Mon Apr 17, 2017 12:34 pm

not to threadjack, but if your court order says 182.5 and you got 131, i would assume that taxes are the least of your worries right now..
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Re: Tax Return question

Unread postby lovingfatherof2 » Mon Apr 17, 2017 12:38 pm

Jim, I didn't say it did but that is all he has to go on.

What are you going to do go running to your tax guy with your parenting time tracker to show them you had the kids one more day this year?

Gamingdad, my overnights were 131 but me and the ex were both claiming HOH at that time. Now the overnights are 182.5 and we are still both claiming HOH.
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