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linltt · Sep 24, 2009, 04:57 AM

My fiancé at the time claimed head of house hold and me as a dependent saying I was his sister ( I wasn't working at the time), the money that he was to get back $5000, was kept by the Feds because he owed them that from before I met him. Was he allowed to do that?

stevetcg · Sep 24, 2009, 05:01 AM

There are rules that allow him to claim you as the HoH. Do you have a child? Did you earn over 7000 (I believe) last year?

If not, then he broke the law. He may or may not get caught, have to pay the money back and be prosecuted.

linltt · Sep 24, 2009, 05:26 AM

Originally Posted by stevetcg

There are rules that allow him to claim you as the HoH. Do you have a child? Did you earn over 7000 (I believe) last year?

If not, then he broke the law. He may or may not get caught, have to pay the money back and be prosecuted.

I didn't make any money that year (2005) and I have no child.

stevetcg · Sep 24, 2009, 06:09 AM

Originally Posted by linltt

I didn't make any money that year (2005) and I have no child.

Im about 99% sure there requires a child to be in the picture to qualify as HoH. You are not a qualifying person to be used for this.

Head of Household Filing Status - Claiming the Head of Household Filing Status on Your Tax Return

This article covers what qualifies.

It appears as though he has committed tax fraud.

twinkiedooter · Sep 24, 2009, 06:52 PM

If he filed HOH and claimed you as his sister he's going to be in a lot of trouble when it comes time that you are married to him and filing joint tax returns. This is definitely going to come back and bite him where it definitely hurts - in his wallet as he will be paying back that money he received from the IRS. It's never a good idea to claim "relatives" that are not really your relatives especially if you marry them later on and have to inform the IRS via a tax filing that you are now his wife instead of his sister.

twinkiedooter · Sep 24, 2009, 06:54 PM

Originally Posted by stevetcg

Im about 99% sure there requires a child to be in the picture to qualify as HoH. You are not a qualifying person to be used for this.

Head of Household Filing Status - Claiming the Head of Household Filing Status on Your Tax Return

This article covers what qualifies.

It appears as though he has committed tax fraud.

Steve - Technically you don't have to have a child to file HOH. You can have your parents living with you or another relative that you claim as a dependent in order to qualify as HOH. I don't want to ding you with a reddie. As long as the person is a qualified dependent then you can claim HOH. It's when the Earned Income thing comes into play that you have to have a child in the home in order to qualify and that child has to be under a certain age.

stevetcg · Sep 25, 2009, 03:56 AM

Originally Posted by twinkiedooter

Steve - Technically you don't have to have a child to file HOH. You can have your parents living with you or another relative that you claim as a dependent in order to qualify as HOH. I don't want to ding you with a reddie. As long as the person is a qualified dependent then you can claim HOH. It's when the Earned Income thing comes into play that you have to have a child in the home in order to qualify and that child has to be under a certain age.

Ah - that makes sense. I was able to qualify 2 years ago because my then girlfriend's child was living with us. I don't believe I would have qualified it he wasn't here.