lnnlr[at]hotmail.com (dennis) wrote:

- quote -

Unless you state has tax laws that are affected by the age
of the children, there is no difference in the two children
that you mentioned for Federal tax purposes.

There is one problem however. Based on your comments, it
sounds like you and your fiance live together. You cannot
both be Head of Household in the same house.

bex

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lnnlr[at]hotmail.com (dennis) wrote:

- quote -

Head of household is a cut and dried issue, use the flow
chart in Pub 17 to determine if you meet the requirements
(the qualifying relative to claim this status doesn't have
to be a dependent if it's your child).

If the four other requirements for dependency are met and no
one provided more than 50% of the support for one (or both)
of the children but together you did, you have a choice as
to who claims the dependency (the other signs a multiple
support declaration). Keep in mind there are different
support criteria for H of H filing status and dependency.

Earned income credit: when more than one taxpayer lives with
the child(ren), you get to choose who claims EIC. This
would clearly favor your fiance.

You would choose H of H filing status if you are eligible.
You definitely have a choice on EIC and you MIGHT have a
choice on who claims the kids. The good thing: the $400
advance does not have to be repaid if she does not claim the
dependent this year.

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my fiance and myself had a baby in 2003. she has a 5 year
old daughter from a previous relationship. she made approx.
$14000 in 2003 and got the child tax credit advance. i made
approx. $33000 in 2003. i ran both of our numbers through
the h&r site . i did mine as single no dependants and the
return was approx. $700. i ran it through as me being head
of household with the baby as a dependant the return wasx
approx. $3000. when i ran her numbers through first with
both children, then with one dependant. both as head of
household. the return amount did not change. my question is
are we better off with me claiming baby and her claiming 5
year old? she does not want me to claim baby because she
thinks she will get much more back when her accountant does
her taxes. i think, since she only made $14000, she has
exaughsted her tax exemptions and the amount of dependants
she claims will not affect her tax refund. i feel she should
claim the five year old and i should claim the baby. please
give some advice that will help us resolve this issue.

thank you dennis.

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