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? asked in Family & RelationshipsMarriage & Divorce · 5 years ago

I have a mother/child living with my family. I pay the bills. She helps with my kid. Can I claim this under child & dep care expenses?

Myself, my wife and my daughter moved into a 5 bedroom home with my wife's friend and her 2-year old son. I discovered very quickly that this friend of hers cannot pay her share of rent/utilities. She only works a couple of hours a day 2 days a week, claims she cannot find an arrangement for someone to watch her 2 year old so she can work more hours and make more money (how convenient for her).

I have reluctantly paid her share of all bills for 6 months during the 2015 year, totaling over $5000. In exchange, I have requested she help my wife in any way with the care of my daughter (baby sitting, rides to/from doctors appts. when I'm at work, etc.).

I am filing as Head of Household. Can I somehow claim this situation under the child & dependent care credit in any way? Whether it be her as a daycare provider for my daughter or me as a provider for her son? Anything?

Thanks in advance.

Update:

I call her my wife but we're not legally married yet. Sorry about the confusion.

5 Answers

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  • Anonymous
    5 years ago
    Favorite Answer

    Only if you withhold taxes , pay workers comp , SDI and can establish that you pay over minimum wage .

    Do you have receipts , proof of payment or any other records to substantiate your claim ?

    Did you at least file a 1099 ?

    Remember the whole " Nannygate " thing a few years back .

  • Judy
    Lv 7
    5 years ago

    First of all, you are filing illegally by filing as head of household while you're married and living with your wife. Your only legal choices are a joint return or married filing separately. Does your wife have a paying job? If not, you can't claim a child care credit even for a daycare center. If she does, would need a whole lot more info about this situation, but probably not.

  • Anonymous
    5 years ago

    No. A person living in your home, taking care of YOUR child is a household employee. Look up IRS Publication 926. This is a can of worms very few 'average' people want to deal with.

  • A Hunch
    Lv 7
    5 years ago

    If you are legally married, you cannot file head of household. Your options are married filing joint or single.

    Joint means it's a JOINT tax return. What's your is your wife's and what's your wife's is yours.

    And to answer your specific question = no, your roommate can't be your child care provider for a tax deduction.

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  • Slickterp
    Lv 7
    5 years ago

    No, you cannot.

    You cannot file HoH, you are married. You can file MFJ or MFS, HoH is not an option for you.

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