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Old 04-07-2014, 03:13 PM
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Head of Household and divorced

I filed eletronically this year and got reject because some one else claimed my son already on their return.
Got:
F2441-526 - Form 2441, Child Care Expenses, Part II, Line 2(b),
each 'Qualifying Person SSN' provided must not be the same as a 'Qualifying Person SSN' in Part II,
Line 2 of Form 2441 in another accepted tax return for the same tax year.

My ex and I both use turbo tax, and have one child. Our divorce let's me claim my son, for odd years (2013) and her for even.

Can we both claim head of household, last year I thought I couldn't and filed as single?

What process do we need to go through to get it fixed, if it is wrong ?

Do I have to mail in a tax return, get flagged and both of us get audited?

We are on good terms, so working together not an issue, but I have already been using Dependent Care Account through out 2013, for daycare.



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Old 04-08-2014, 12:41 AM
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Join Date: Oct 2010
Posts: 5,226
Quote:
Originally Posted by Gilbiggs View Post
I filed eletronically this year and got reject because some one else claimed my son already on their return.
Got:
F2441-526 - Form 2441, Child Care Expenses, Part II, Line 2(b),
each 'Qualifying Person SSN' provided must not be the same as a 'Qualifying Person SSN' in Part II,
Line 2 of Form 2441 in another accepted tax return for the same tax year.

My ex and I both use turbo tax, and have one child. Our divorce let's me claim my son, for odd years (2013) and her for even.

Can we both claim head of household, last year I thought I couldn't and filed as single?

What process do we need to go through to get it fixed, if it is wrong ?

Do I have to mail in a tax return, get flagged and both of us get audited?

We are on good terms, so working together not an issue, but I have already been using Dependent Care Account through out 2013, for daycare.
My ex and I both use turbo tax, and have one child. Our divorce let's me claim my son, for odd years (2013) and her for even.Can we both claim head of household, last year I thought I couldn't and filed as single?=============>>>>>>>>no unless each of you claimed a qualifying person respectively. Whether both divorced spouses may file as a head of household depends on whether they individually meet the requirements in the irs regulations.to claim hoh status, the individual must be unmarried or "considered unmarried" on the last day of the tax year, as defined by the IRS, the individual paid over half of the costs required to maintain a home during that year and a qualifying person lived in the individual's home for more than half of the year. So if you did satisfy the last condition, yes.

What process do we need to go through to get it fixed, if it is wrong ?==============>>>>>>>>>>aslongas you qualify for HOH, you can file your return as hOH while the other spouse needs to file her return as single unless she qualifies for hoh as mentioned above. You are considered unmarried for tax-filing purposes for the entire year if, on the last day of the tax year, you are divorced. Divorced couples are not eligible to file jointly; you must file separately if you do not qualify as married for the tax year. There are instances when the filing status for taxpayers is included in the divorce decree. For example, some judges dictate in their rulings that divorced taxpayers must alternate between head of household and single so that they can each claim the child/-ren on alternate years. In some cases, the judge will require that one spouse claim the kids on even years, and the other on odd, or vice versa as your case I guess. State law governs whether you are considered married, legally separated or divorced under decree.


Do I have to mail in a tax return, get flagged and both of us get audited?=========>>>>>you spouse needs to file 1040x to correct her filing status; An amended return cannot be filed electronically, thus she must file it by paper. Amend her tax return to change her filing status a single/MFS from HOH.

We are on good terms, so working together not an issue, but I have already been using Dependent Care Account through out 2013, for daycare.===========>>>>>>>> only one person can claim a dependent on their tax return; Generally, only the custodial parent is eligible to claim the child and dependent care tax credit. However, the custodial parent can waive his or her right to claim a dependent in favor of the non-custodial parent. The non-custodial parent would then be able to claim: the dependent's personal exemption, child tax credit and additional child tax credit, and tuition and fees deduction or the education tax credits
Even after releasing the claim to a dependent, the custodial parent would still be eligible to claim head of household filing status and child and dependent care tax credit. Aslongas your spouse is a noncustodial parent ,she can’t claim child and dependent care credit on her return.As the changes involve another schedule or form, shge must attach that schedule or form to the amended return; Her state tax liability may be affected by a change made on your federal return.



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