Tuesday, August 24, 2010

I am the noncustodial parent but am able to claim my son . Is there ANY WAY I can claim Head of Household?

Ex wife signed 8332 allowing me to claim son as an exemtion. I do not have my son more than 6 months of the year, but am wondering if there is any other tax code I am missing that would allow me to claim HOHI am the noncustodial parent but am able to claim my son . Is there ANY WAY I can claim Head of Household?
No, you cannot claim. The following is from IRS pub 501. The last paragraph takes away your exemption:





Head of Household


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





You are unmarried or “considered unmarried” on the last day of the year.





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





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 does not have to live with you. See Special rule for parent, later, under Qualifying Person.I am the noncustodial parent but am able to claim my son . Is there ANY WAY I can claim Head of Household?
If your son qualifies as your dependent, then you can claim head of household.
Not unless you have a dependent relative who DID live with you more than half the year, or you can claim a parent as a dependent - a parent is the only relative who does NOT have to live with you for over half the year, but still qualify you to file as Head of Household.





You do not qualify to file as head of household because your son is a dependent, since he didn't live with you for over half the year.





See IRS Publication 17, page 23 for a table showing who is a qualifying person for you to file as head of household. You can download it at irs.gov
i think even if you have ur son less than 6 months u have to claim him for atleast 6 months.





for furthur clarifications go through these tax efiling sites. good luck

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