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Can my Roommate and I both file head of household?

I share an apartment with another girl, she has her kids I have mine, we've been living together for over six years. We were talking about filing our taxes and she mentioned to me that she always files as head of household. I always have as well since it was my apartment originally but now I'm a little nervous about it, I thought only one person living in an apartment could file head of household. I don't want any problems with the irs, I'm really confused cause we've apparently been doing this for years without knowing. I'm just really confused.

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  • 3 years ago
    Favorite Answer

    This is a complicated question, but at first glance I think you can probably file as head of household even if you share an apartment as long as you technically are maintaining two separate "households" within the apartment. This is what us tax professionals call a "facts and circumstances case," meaning that we would have to know more about your situation to give you a real clear cut yes or no answer. You should review the link I have attached - this is a service center advice request, which is an IRS agent in the field requesting guidance on this issue from the IRS head office. The document outlines an example of a similar situation that would have both people qualifying as head of household.

    If you feel that your situation closely resembles the example case mentioned in the linked document, you would probably be okay, but I think you should get some professional advice on this as well to make sure. I think you should probably contact a tax professional (there are free Volunteer Income Tax Assistance services in most areas) to get a second opinion and more information.

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  • tro
    Lv 7
    3 years ago

    normally IRS does not accept two heads of household at the same address, if you have been filing this way and no question at this point, it has been accepted which is not to say it may not be in the future

    I had a client who had his child and his live in had her child, the claimed head of household and to my knowledge were never questioned

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  • Judy
    Lv 7
    3 years ago

    No, but hoh doesn't get you a lot extra if anything.

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  • 3 years ago

    One of the requirements is that you must pay more than half of the cost of maintaining a home. It's mathematically impossible for 2 or more people to each pay more than half.

    If one of you can prove that they paid more than half of the cost of maintaining the home, that person only may file as HoH. Be sure that you have accurate records that reflect this fact as the IRS has started taking a closer look at HoH claims.

    If you split all costs equally, neither of you can file as HoH.

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  • Anonymous
    3 years ago

    So, it's one apartment with one kitchen, shared bathrooms, etc.

    If neither of you pays for more than half, BOTH of you must file as single. Filing HOH would be fraud.

    Since more than half isn't possible for two people, you can't both be HOH. If auditing, you will lose. And yes, you should be audited.

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  • Them
    Lv 7
    3 years ago

    Probably - for your own children. The IRS doesn't have to know that there's two families living in the same apartment.

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