• Head of household

    From NadCixelsyd@21:1/5 to All on Thu Nov 9 16:17:03 2023
    Alan is divorced and the son he supports lives with him. He files as HOH. Beth is divorced and lives and supports her daughter (dad is a deadbeat). She files as HOH. Alan and Beth meet and then jointly rent a two-bedroom apartment. They split all the
    expenses right down the middle with each paying 50%. After all, 50% of a two-bedroom apartment is less than 100% of a one-bedroom apartment. Can they still both file as HOH?

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  • From Bob Sandler@21:1/5 to All on Thu Nov 9 17:28:13 2023
    Alan is divorced and the son he supports lives with him.
    He files as HOH. Beth is divorced and lives and supports
    her daughter (dad is a deadbeat). She files as HOH.
    Alan and Beth meet and then jointly rent a two-bedroom
    apartment. They split all the expenses right down the
    middle with each paying 50%. After all, 50% of a two-
    bedroom apartment is less than 100% of a one-bedroom
    apartment. Can they still both file as HOH?

    This sounds like a homework question.

    The answer is that neither of them can file as head of
    household. One of the requirements for head of household
    filing status is that you pay MORE than half the cost of
    keeping up the home. If they truly split the expenses
    exactly in half, then neither one pays MORE than half, so
    neither one can file as head of household.

    They should agree that one of them will pay a little more
    than half and file as head of household. The other one still
    has to file as single. Because of the "more than half"
    requirement, there is no way that two people in the same
    household can both file as head of household.

    Bob Sandler

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  • From Stuart O. Bronstein@21:1/5 to Bob Sandler on Thu Nov 9 18:08:06 2023
    Bob Sandler <bob_usenet@yahoo.com> wrote:

    Alan is divorced and the son he supports lives with him.
    He files as HOH. Beth is divorced and lives and supports
    her daughter (dad is a deadbeat). She files as HOH.
    Alan and Beth meet and then jointly rent a two-bedroom
    apartment. They split all the expenses right down the
    middle with each paying 50%. After all, 50% of a two-
    bedroom apartment is less than 100% of a one-bedroom
    apartment. Can they still both file as HOH?

    This sounds like a homework question.

    The answer is that neither of them can file as head of
    household. One of the requirements for head of household
    filing status is that you pay MORE than half the cost of
    keeping up the home. If they truly split the expenses
    exactly in half, then neither one pays MORE than half, so
    neither one can file as head of household.

    They should agree that one of them will pay a little more
    than half and file as head of household. The other one still
    has to file as single. Because of the "more than half"
    requirement, there is no way that two people in the same
    household can both file as head of household.

    They should be able to agree, with IRS Form 8832, that each can claim
    one child as a dependent, so that both can claim to be heads of
    household.

    https://www.irs.gov/pub/irs-pdf/f8332.pdf

    --
    Stu
    http://DownToEarthLawyer.com


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  • From Tom Russ@21:1/5 to NadCixelsyd on Thu Nov 9 18:09:04 2023
    On Thursday, November 9, 2023 at 1:21:52 PM UTC-8, NadCixelsyd wrote:
    Alan is divorced and the son he supports lives with him. He files as HOH. Beth is divorced and lives and supports her daughter (dad is a deadbeat). She files as HOH. Alan and Beth meet and then jointly rent a two-bedroom apartment. They split all the
    expenses right down the middle with each paying 50%. After all, 50% of a two-bedroom apartment is less than 100% of a one-bedroom apartment. Can they still both file as HOH?

    I was having trouble finding a definition of "Household".
    But I wonder why this isn't two independent households that happen to share an apartment.
    If that is the case, it would seem to my layman's sense that each of them contributes 100% of the cost of each independent household. Is that not the case?

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  • From Michael F. Stemper@21:1/5 to Stuart O. Bronstein on Fri Nov 10 10:29:01 2023
    On 09/11/2023 17.08, Stuart O. Bronstein wrote:
    Bob Sandler <bob_usenet@yahoo.com> wrote:

    Alan is divorced and the son he supports lives with him.
    He files as HOH. Beth is divorced and lives and supports
    her daughter (dad is a deadbeat). She files as HOH.
    Alan and Beth meet and then jointly rent a two-bedroom
    apartment. They split all the expenses right down the
    middle with each paying 50%. After all, 50% of a two-
    bedroom apartment is less than 100% of a one-bedroom
    apartment. Can they still both file as HOH?


    They should agree that one of them will pay a little more
    than half and file as head of household. The other one still
    has to file as single. Because of the "more than half"
    requirement, there is no way that two people in the same
    household can both file as head of household.

    They should be able to agree, with IRS Form 8832, that each can claim
    one child as a dependent, so that both can claim to be heads of
    household.

    https://www.irs.gov/pub/irs-pdf/f8332.pdf

    For many years, my son's mother and I gave each other 8332s in
    alternating years, so that we could alternate claiming him as a
    dependent. The advice that I was given was that, since she had
    sole physical custody (it was a joint legal custody situation),
    she always got to claim Head of Household, no matter who claimed
    him as a dependent.

    This would seem to be borne out by the text on the 8332 reading:
    [...] It doesn’t apply to other tax benefits, such as the
    earned income credit, dependent care credit, or head of
    household filing status. [...]


    --
    Michael F. Stemper
    The name of the story is "A Sound of Thunder".
    It was written by Ray Bradbury. You're welcome.

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  • From Stuart O. Bronstein@21:1/5 to Michael F. Stemper on Fri Nov 10 11:34:35 2023
    "Michael F. Stemper" <michael.stemper@gmail.com> wrote:
    Stuart O. Bronstein wrote:
    Bob Sandler <bob_usenet@yahoo.com> wrote:

    Alan is divorced and the son he supports lives with him.
    He files as HOH. Beth is divorced and lives and supports
    her daughter (dad is a deadbeat). She files as HOH.
    Alan and Beth meet and then jointly rent a two-bedroom
    apartment. They split all the expenses right down the
    middle with each paying 50%. After all, 50% of a two-
    bedroom apartment is less than 100% of a one-bedroom
    apartment. Can they still both file as HOH?

    They should agree that one of them will pay a little more
    than half and file as head of household. The other one still
    has to file as single. Because of the "more than half"
    requirement, there is no way that two people in the same
    household can both file as head of household.

    They should be able to agree, with IRS Form 8832, that each can
    claim one child as a dependent, so that both can claim to be
    heads of household.

    https://www.irs.gov/pub/irs-pdf/f8332.pdf

    For many years, my son's mother and I gave each other 8332s in
    alternating years, so that we could alternate claiming him as a
    dependent. The advice that I was given was that, since she had
    sole physical custody (it was a joint legal custody situation),
    she always got to claim Head of Household, no matter who claimed
    him as a dependent.

    This would seem to be borne out by the text on the 8332 reading:
    [...] It doesn’t apply to other tax benefits, such as the
    earned income credit, dependent care credit, or head of
    household filing status. [...]

    Now that you mention it, I think you're right. I did see that
    somewhere else recently.

    --
    Stu
    http://DownToEarthLawyer.com


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    << nor can it used, for the purpose of avoiding penalties >>
    << that may be imposed upon the taxpayer. >>
    << >>
    << The Charter and the Guidelines for submitting posts >>
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  • From Tom Russ@21:1/5 to Stuart O. Bronstein on Mon Nov 13 13:08:52 2023
    On Friday, November 10, 2023 at 8:39:26 AM UTC-8, Stuart O. Bronstein wrote:
    "Michael F. Stemper" <michael...@gmail.com> wrote:
    Stuart O. Bronstein wrote:
    Bob Sandler <bob_u...@yahoo.com> wrote:

    Alan is divorced and the son he supports lives with him.
    He files as HOH. Beth is divorced and lives and supports
    her daughter (dad is a deadbeat). She files as HOH.
    Alan and Beth meet and then jointly rent a two-bedroom
    apartment. They split all the expenses right down the
    middle with each paying 50%. After all, 50% of a two-
    bedroom apartment is less than 100% of a one-bedroom
    apartment. Can they still both file as HOH?

    They should be able to agree, with IRS Form 8832, that each can
    claim one child as a dependent, so that both can claim to be
    heads of household.

    I'm still confused about why there is a need for Form 8832 and why this
    isn't a case of two separate, unrelated households at the same address.

    My reading of the initial story is that one has
    * Alan, divorced from X, with Son.
    * Beth, divorced from Y, with Daughter
    It doesn't appear that Alan is related to either Beth or her daughter, and vice-versa.

    If they each rented separate one-bedroom apartments, they would clearly
    be two separate households. So why does deciding to share a two-bedroom apartment for economic reasons change that?

    --
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    << nor can it used, for the purpose of avoiding penalties >>
    << that may be imposed upon the taxpayer. >>
    << >>
    << The Charter and the Guidelines for submitting posts >>
    << to this newsgroup as well as our anti-spamming policy >>
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  • From Stuart O. Bronstein@21:1/5 to Tom Russ on Mon Nov 13 13:45:09 2023
    Tom Russ <taruss@google.com> wrote:

    On Friday, November 10, 2023 at 8:39:26 AM UTC-8, Stuart O.
    Bronstein wrote:
    "Michael F. Stemper" <michael...@gmail.com> wrote:
    Stuart O. Bronstein wrote:
    Bob Sandler <bob_u...@yahoo.com> wrote:

    Alan is divorced and the son he supports lives with him.
    He files as HOH. Beth is divorced and lives and supports
    her daughter (dad is a deadbeat). She files as HOH.
    Alan and Beth meet and then jointly rent a two-bedroom
    apartment. They split all the expenses right down the
    middle with each paying 50%. After all, 50% of a two-
    bedroom apartment is less than 100% of a one-bedroom
    apartment. Can they still both file as HOH?

    They should be able to agree, with IRS Form 8832, that each
    can claim one child as a dependent, so that both can claim to
    be heads of household.

    I'm still confused about why there is a need for Form 8832 and why
    this isn't a case of two separate, unrelated households at the
    same address.

    My reading of the initial story is that one has
    * Alan, divorced from X, with Son.
    * Beth, divorced from Y, with Daughter
    It doesn't appear that Alan is related to either Beth or her
    daughter, and vice-versa.

    If they each rented separate one-bedroom apartments, they would
    clearly be two separate households. So why does deciding to share
    a two-bedroom apartment for economic reasons change that?

    It's not only about households. But dividing the costs right down
    the middle means that neither paid more than half the support for
    either child, which is a requirement.


    --
    Stu
    http://DownToEarthLawyer.com


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    << nor can it used, for the purpose of avoiding penalties >>
    << that may be imposed upon the taxpayer. >>
    << >>
    << The Charter and the Guidelines for submitting posts >>
    << to this newsgroup as well as our anti-spamming policy >>
    << are at www.asktax.org. >>
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  • From Rick@21:1/5 to Stuart O. Bronstein on Mon Nov 13 16:55:58 2023
    "Stuart O. Bronstein" wrote in message news:XnsB0BB6D4F937F4avocatstuyahoofr@130.133.4.11...

    Tom Russ <taruss@google.com> wrote:

    On Friday, November 10, 2023 at 8:39:26 AM UTC-8, Stuart O.
    Bronstein wrote:
    "Michael F. Stemper" <michael...@gmail.com> wrote:
    Stuart O. Bronstein wrote:
    Bob Sandler <bob_u...@yahoo.com> wrote:

    Alan is divorced and the son he supports lives with him.
    He files as HOH. Beth is divorced and lives and supports
    her daughter (dad is a deadbeat). She files as HOH.
    Alan and Beth meet and then jointly rent a two-bedroom
    apartment. They split all the expenses right down the
    middle with each paying 50%. After all, 50% of a two-
    bedroom apartment is less than 100% of a one-bedroom
    apartment. Can they still both file as HOH?

    They should be able to agree, with IRS Form 8832, that each
    can claim one child as a dependent, so that both can claim to
    be heads of household.

    I'm still confused about why there is a need for Form 8832 and why
    this isn't a case of two separate, unrelated households at the
    same address.

    My reading of the initial story is that one has
    * Alan, divorced from X, with Son.
    * Beth, divorced from Y, with Daughter
    It doesn't appear that Alan is related to either Beth or her
    daughter, and vice-versa.

    If they each rented separate one-bedroom apartments, they would
    clearly be two separate households. So why does deciding to share
    a two-bedroom apartment for economic reasons change that?

    It's not only about households. But dividing the costs right down
    the middle means that neither paid more than half the support for
    either child, which is a requirement.



    Maybe I'm missing something here, but isn't the solution to the problem
    this? Instead of each person paying 50% of all expenses, Alan should pay
    100% of the expenses directly related to his child (food, clothing, tuition, toys, etc.), Beth should pay 100% percent of the expenses associated with
    her child (same kind of items as Abel), and they should split evenly only
    the common expenses like rent, electricity, water, etc. that would be too
    hard to split up. In this way, you effectively have two households, with
    each parent and child constituting their own household.

    Think of it this way. If instead of a single apartment, suppose we had a
    large dormitory type room with 6 or 8 parent-child couples all sharing a
    common space and each paying for their own expense but pooling the cost of rent. Do we really think the IRS would consider this to be one giant household? Seems to me a household is a family unit where a parent is
    living with his or her dependent child or children. Multiple such couples, unrelated to one another, mean multiple households.

    --

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    << nor can it used, for the purpose of avoiding penalties >>
    << that may be imposed upon the taxpayer. >>
    << >>
    << The Charter and the Guidelines for submitting posts >>
    << to this newsgroup as well as our anti-spamming policy >>
    << are at www.asktax.org. >>
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  • From Stuart O. Bronstein@21:1/5 to Rick on Mon Nov 13 18:28:41 2023
    "Rick" <rick@nospam.com> wrote:
    "Stuart O. Bronstein" wrote
    Tom Russ <taruss@google.com> wrote:
    Stuart O. Bronstein wrote:
    "Michael F. Stemper" <michael...@gmail.com> wrote:
    Stuart O. Bronstein wrote:
    Bob Sandler <bob_u...@yahoo.com> wrote:

    Alan is divorced and the son he supports lives with him.
    He files as HOH. Beth is divorced and lives and supports
    her daughter (dad is a deadbeat). She files as HOH.
    Alan and Beth meet and then jointly rent a two-bedroom
    apartment. They split all the expenses right down the
    middle with each paying 50%. After all, 50% of a two-
    bedroom apartment is less than 100% of a one-bedroom
    apartment. Can they still both file as HOH?

    They should be able to agree, with IRS Form 8832, that each
    can claim one child as a dependent, so that both can claim
    to be heads of household.

    I'm still confused about why there is a need for Form 8832 and
    why this isn't a case of two separate, unrelated households at
    the same address.

    My reading of the initial story is that one has
    * Alan, divorced from X, with Son.
    * Beth, divorced from Y, with Daughter
    It doesn't appear that Alan is related to either Beth or her
    daughter, and vice-versa.

    If they each rented separate one-bedroom apartments, they would
    clearly be two separate households. So why does deciding to
    share a two-bedroom apartment for economic reasons change that?

    It's not only about households. But dividing the costs right down
    the middle means that neither paid more than half the support for
    either child, which is a requirement.

    Maybe I'm missing something here, but isn't the solution to the
    problem this? Instead of each person paying 50% of all expenses,
    Alan should pay 100% of the expenses directly related to his child
    (food, clothing, tuition, toys, etc.), Beth should pay 100%
    percent of the expenses associated with her child (same kind of
    items as Abel), and they should split evenly only the common
    expenses like rent, electricity, water, etc. that would be too
    hard to split up. In this way, you effectively have two
    households, with each parent and child constituting their own
    household.

    Think of it this way. If instead of a single apartment, suppose
    we had a large dormitory type room with 6 or 8 parent-child
    couples all sharing a common space and each paying for their own
    expense but pooling the cost of rent. Do we really think the IRS
    would consider this to be one giant household? Seems to me a
    household is a family unit where a parent is living with his or
    her dependent child or children. Multiple such couples, unrelated
    to one another, mean multiple households.

    Yes, that's the best way to handle it. But that wasn't how OP
    presented the issue.

    --
    Stu
    http://DownToEarthLawyer.com


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    << The foregoing was not intended or written to be used, >>
    << nor can it used, for the purpose of avoiding penalties >>
    << that may be imposed upon the taxpayer. >>
    << >>
    << The Charter and the Guidelines for submitting posts >>
    << to this newsgroup as well as our anti-spamming policy >>
    << are at www.asktax.org. >>
    << Copyright (2011) - All rights reserved. >>
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