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HOH -> EIC


ILLMAS

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I have a very usual tax situation this year, tax payers returned to their country and the kids decided to stay 17, 15 & 13 in ages. The 17 daughter worked most of the year and supported her brother/sister. Since the parents had no income and were not in the country for most of 2011, can the daughter claimed as HOH? Techincally she provided support for the parents too, so can they also be claimed as dependents this year?

MAS

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If she provided more than 50% of the support for her siblins and maintain a home in the U.S. which was the main home for the siblins, HOH is the way to go. She can qualify for EIC. Keep in mind that she doesn't need to be HOH to qualify for EIC, the only requirement in this case is that she lived with her siblins more than 6 months in the U.S.

Where did the parents move to? Was it Canada, Mexico or elsewhere?

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What month did the parents move and did she rent a home of her own or did she live with some other realitive. If she didnot pay rent or at least 51% of the home including all household expenses she can not be head of house. Now for EIC if she lived with someone else for the total 12 months of 2011 then both her and who else contributed to the support both qualify for the EIC and the one with the higher income gets the EIC. This is a trickey one. Be sure all your ducks are in a row.

From experience..

This is an EIC audit waiting to happen. She will need to produce rent receipts to prove she supported the siblings.

Good Luck

Linda

P.S. In my case the Brother did not have receipts for rent he used cash only. We were however able to get a letter from the landlord stating that he paid all the rent.

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A lot of times when EIC is included, it doesn't make much difference between single or HoH. File as single and claim EIC. She could claim her parents if she supported them more than 50%. Keep in mind that parents don't have to live with you in order for them to qualify you as HoH.

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