Tax Treatment of Child living with unmarried parents

Sep 09, 2024 Last reply: 1 year ago 1 Replies

An unmarried couple live together with their child. Each is a professional person with a six-figure income. They own their home jointly and share all expenses. The child lives with them 100% of the time and all of the child’s expenses are shared. Both parent's names are on the child's birth certificate. Since they are not legally married, they cannot file a Married-Filing-Jointly tax return.



Assuming no other factors, how does the IRS determine which of them can legally file as Head-of-Household and which must file as single?


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Click the plus sign at left of the second question.

"Only a taxpayer who pays more than half of the household expenses may qualify for Head of Household filing status. If the parents truly split expenses equally, neither qualifies as Head of Household."

There's more there about who can claim the tax benefits related to the child.

There's also a suggestion to check whether their state considers them common-law married, which of course would let them file jointly.

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