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My husband and I have been separated for 5 years (not legally). He files single and I file HOH. Can we split the totals spent for child care and both file 2441's since child has expenses for morn. care, afterschool and summer care at two different places?
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My husband and I have been separated for 5 years (not legally). He files single and I file HOH. Can we split the totals spent for child care and both file 2441's since child has expenses for morn. care, afterschool and summer care at two different places?

You have bigger problems than the child care credit. There is no circumstance under which your husband can legally use the Single filing status. If there is one child, one of you is Head of Household (the one the child spends most of the year with), and the other is Married, Filing Separately. Only the one filing the HofH return can claim the child care credit.

If you have more than one child, it's possible to arrange custody so that both of you qualified for HofH filing status, each based on a different qualifying person. Absent that, no child care deduction for the noncustodial parent, since that parent fails the joint return test for the credit.

See IRS Publications 501 and 503.

Phil Marti
VITA Volunteer
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Thanks for that info. But if husband files MFS and I file HofH and don't claim 2441, can he claim it instead?
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But if husband files MFS and I file HofH and don't claim 2441, can he claim it instead?
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Claiming the Child Care Credit on Form 2441 is not available to someone filing as Married Filing Separately, unless you meet the exception to be "considered unmarried." See p. 215 of IRS Publication 17 for details.
HTH
--BigBunk
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