How will i file taxes i live with my girlfriend and her kid?

Question

Me and my girl friend are living together she has a child 3 years old, I am wondering how we should file our taxes we have lived with each other over a year. Side note, she doesn't get to claim her child this year or next. I made more money then she did should we file together and me head of house hold or should we file separate? and her head of house hold. If you have any questions about the situation to make it more clear please feel free to ask thanks!

Answer 1

If you're not married, you cannot "file together", you must file separate returns. She might be able to file head of household if the child spends more than 183 nights with you.



I've got to say the other two people made a bunch of assumptions here, which is why I was intentionally vague - you lacked specifics.



Let's examine the more than half the cost of the household part (which, they are both correct on). How are rent and utilities paid in your household? How about food? Granted, their assumptions are correct in a majority of the situations, but we don't live in a one size fits all world.

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Answer 2

The IRS won't honor a post-2008 decree regardless of what it says. A pre-2009 decree will be honored IF it meets strict IRS guidelines. See IRS Pub 501 for an explanation of those guidelines. The big tripping point is that the decree cannot place any preconditions on the exemption, such as being current on child support.



Any decree CAN order the custodial parent to execute a Form 8332 under penalty of contempt of court, however that order is moot if the parents didn't provide more than half of the child's support between them. Therefore you'll need to figure out how much the support for the child was and who provided how much. The support worksheet on page 20 of IRS Pub 501 will assist you with this.



Others have covered the matter of filing status and EIC properly so I won't rehash that.

Answer 3

Since you are not married you cannot file together. You don't file separately either as that implies that you're married. You each file as Single.



She can't file as HoH since she didn't pay more than half of the cost of maintaining the home. This is presumed unless she has solid proof that she paid MORE than half of the household expenses. If her child lived with her for more than half of the year she can claim the EIC if she otherwise qualifies.



You cannot file as HoH since you don't have a qualifying person in the home for HoH filing purposes. That must be a closely related blood relative such as your own child or an elderly parent that you support. A live-in girlfriend or her child are not a qualifying person for HoH purposes.



FWIW, if her child lived with her for more than half of the year, she automatically gets to claim her child. She can surrender the exemption and the Child Tax Credit to the natural father IF she and the father between them provided more than half of the child's support, by giving the father a completed Form 8332 that he attaches to his return. If the support test is not met, she cannot use the Form 8332 even if a court orders her to since a court cannot order her to break the law. In that case, she would be the only person who could claim her child.

Answer 4

You have, as the English would say, a bit of a sticky wicket on your hands. You would be well advised to visit IRS.GOV and download or order a free PUB 17, read it and look over the flow charts. It also appears you don't have too much of a background in accounting &/or taxation; find a licensed & registered tax preparer to sit down with and discuss matters so you can stay clear of any tax problems. There are rather severe penalties lurking in the underbrush and an answer of "I didn't know" cuts no slack from uncle sugar.

Answer 5

You can't file as head of household - for that you need a dependent who is immediate family, and a gf or her son don't qualify. You can't file together - you aren't married. You'll each file as single.



Since she is presumably not providing over half the cost of the household, she can't file either as head of household.

Answer 6

If the organic and organic father does no longer have a courtroom order putting ahead that he can declare the childeren as depending then you definately must manage to declare the little ones and the mother because you're providing for them (unmarried and three dependents)

Answer 7

it's not your child and if she earned anything at all she would file her own taxes, claim her own child as head of household

since you are not the bio father the matter of who earns the higher income has nothing to do with it

you are not eligible to claim her

the IRS rule is the parent with whom the child spends the majority 'nites' with claims the child