Multiple Support Agreement Form 2120 Questions - Can I claim HOH without claiming a dependent?
I need some advice on Form 2120 (Multiple Support Agreement). My brother and I both financially support our elderly mother who lives with me most of the year. My brother already filed his taxes claiming Mom as a dependent and using head of household status (he also has a qualifying child). From what I've researched, my brother needs to file an amendment to include Form 2120 since he claimed our mother but we both provide support. Here's my main question though - can I still claim head of household status on my tax return without actually claiming Mom as a dependent if I'm the one signing Form 2120 for my brother's filing? I provide about 40% of Mom's support while my brother covers around 35%, and the rest comes from her small pension. She lived in my home for 8 months last year. I'm really confused about whether I can use HOH filing status in this situation even though I'm not claiming her as a dependent.
18 comments


Javier Garcia
You've got a bit of a tricky situation here. To claim Head of Household status, you generally need a qualifying person who is either your dependent or would be your dependent except they don't meet the gross income test. In your case, if you sign Form 2120 allowing your brother to claim your mother, you're essentially agreeing not to claim her as your dependent. Without claiming her as a dependent, you would need another qualifying person to claim HOH status. The key question is whether your mother would qualify as your dependent if not for the Form 2120 agreement. Based on what you've shared, it sounds like you provide a good portion of support (40%) and she lived with you for more than half the year (8 months). If she meets all other dependent tests for you, you might still qualify for HOH.
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NebulaNomad
•Thanks for your response. Yes, Mom would qualify as my dependent otherwise - she made less than $5,000 last year from her pension, lived with me for 8 months, and I provided a significant portion of her support. So are you saying I could potentially still use HOH status even though my brother is claiming her with Form 2120?
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Javier Garcia
•If your mother would qualify as your dependent except for the fact that you're allowing your brother to claim her via Form 2120, then yes, you can still claim Head of Household filing status. The IRS allows this specific exception. The key requirements you've already met are: 1) She lived with you for more than half the year, 2) You paid more than half the cost of keeping up the home, and 3) She would qualify as your dependent except for the multiple support agreement. Since you've confirmed all these points, you should be eligible to claim HOH status even while your brother claims her as a dependent using Form 2120.
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Emma Taylor
I went through something similar with my dad last year. I found this amazing service called taxr.ai (https://taxr.ai) that saved me so much headache with our multiple support agreement situation. They have tax experts who reviewed my documents and gave me personalized guidance on Form 2120. I uploaded my tax forms and explained our family's support situation, and they confirmed exactly who could claim what. Sounds like in your case, they could help determine if you can claim HOH while your brother claims your mom as a dependent. Their experts were super helpful explaining the difference between providing support and maintaining a household.
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Malik Robinson
•Did they actually review your specific tax forms or just give general advice? I've been burned by "expert" services before that just regurgitate IRS publications.
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Isabella Silva
•How long did it take to get an answer? I'm trying to finish my taxes this weekend and have a similar form 2120 situation with my sister.
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Emma Taylor
•They actually reviewed my specific tax documents and circumstances. Unlike those generic sites that just quote IRS manuals, the taxr.ai experts provided personalized guidance based on my exact situation with Form 2120 and who could claim what dependents in our shared support arrangement. The turnaround was really quick - I got my answer the same day. I submitted my documents in the morning and had clear guidance by early afternoon, so you should definitely have time to complete your taxes this weekend if you reach out to them soon.
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Isabella Silva
Just wanted to update - I took the advice and tried taxr.ai for my Form 2120 situation. They confirmed I could still claim HOH status while letting my sister claim our dad as a dependent with the multiple support agreement. They even reviewed our specific support percentages and showed me exactly what documentation to keep in case of an audit. Honestly wish I'd known about this service earlier instead of stressing for weeks!
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Ravi Choudhury
If you're struggling to get clear answers from the IRS about Form 2120 and head of household questions, I highly recommend Claimyr (https://claimyr.com). I spent DAYS trying to reach someone at the IRS about a complicated dependent situation similar to yours. Their phone lines are constantly jammed. With Claimyr, they got me connected to an actual IRS agent in about 15 minutes instead of the usual 2+ hour wait. The agent confirmed that I could claim HOH even with a Form 2120 situation. You can see how it works in their demo video: https://youtu.be/_kiP6q8DX5c. Saved me so much time and frustration!
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CosmosCaptain
•Wait, so this service actually gets you through to a real IRS person? How does that even work? The IRS phone system is notoriously terrible.
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Freya Johansen
•Sounds like a scam to me. Nobody can magically get through IRS phone lines. They probably just connect you to some "tax expert" who isn't even with the IRS.
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Ravi Choudhury
•It actually connects you to the real IRS phone system, but they use a technology that navigates the phone tree and waits on hold for you. When an actual IRS agent picks up, you get a call back to connect with them. It's not magic - just clever technology that does the waiting for you. They don't provide tax advice themselves - they literally just get you through to the front of the IRS phone queue. When I used it, I spoke directly with an IRS representative who answered my Form 2120 questions. No third-party "experts" involved.
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Freya Johansen
I need to admit I was completely wrong about Claimyr. After posting that skeptical comment, I decided to try it myself for a similar Form 2120 question. Got connected to an actual IRS agent in about 17 minutes when I had previously wasted 3 hours trying on my own and never got through. The IRS agent confirmed exactly what others here were saying - you CAN claim head of household status if someone would qualify as your dependent except for the multiple support agreement allowing someone else to claim them. Saved me from filing incorrectly and potentially facing problems later.
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Omar Fawzi
One important thing nobody mentioned - if your brother already filed using HOH status for your mom AND another dependent, and now needs to add Form 2120, he should double check if he still meets the support test requirements. For Form 2120, no single person can provide more than 50% of support. You said you provide 40% and he provides 35%. That sounds fine, but make sure the numbers are accurate because if either of you accidentally provided more than 50%, the multiple support agreement doesn't apply.
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NebulaNomad
•That's a really good point I hadn't considered. We calculated our support percentages based on total expenses for Mom, including housing, medical, food, utilities, etc. I'm pretty confident in our numbers (40% me, 35% brother, 25% her pension), but I'll double-check to make sure we didn't miss anything that might push either of us over 50%. Would this affect my ability to claim HOH?
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Omar Fawzi
•As long as neither of you provides more than 50% of support, you're good for the Form 2120 multiple support agreement. Regarding your HOH status, that's separate from the support test. For HOH, you need to have paid more than half the cost of keeping up your home where your mother lived for more than half the year. This "keeping up a home" test is different from the support test. It only includes expenses for the home itself (rent/mortgage, utilities, repairs, property taxes, food eaten in the home, etc.). If you paid more than half of these specific home expenses, and your mother lived with you for 8 months, you should qualify for HOH even while your brother claims her as a dependent with Form 2120.
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Chloe Wilson
My tax software gave me an error when I tried to do something similar with my cousin. Said I couldn't claim HOH if I wasn't claiming any dependents. Which tax software are you using?
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Diego Mendoza
•That sounds like a limitation of the software, not the tax code. TurboTax Premium handled this situation correctly for me last year. Some of the basic versions of tax software don't handle these more complicated scenarios well.
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