Tax Status - Filed as Head of Household

[kellyh 27]

Hi VJers!

 

I've done the search on VJ and also searched on IRS, but kind of confused. Some say yes, and others no.

 

Are there any USC petitioners out there that have filed their tax status as Head of Household because they're claiming their dependent(s)?

My husband has filed his taxes as HOH for the past 5 years. He's divorced, but paying child support. (Child does not live with him)

 

We got married July 2016, so just wondering if he would need to amend his 2016 tax return from HOH to MFS ?

 

Any advise would be greatly appreciated. Thanks!

 

 

[mrtravel 40]

Status for the 2016 return is determined by marital status on Dec 31, 2016

If married, he would file either married filing jointly or married filing separately, no matter his spouse lives
He cannot file as HOH.

 

Edited April 16, 2017 by mrtravel

[Suss&Camm 2,213]

45 minutes ago, kellyh said:

Hi VJers!

 

I've done the search on VJ and also searched on IRS, but kind of confused. Some say yes, and others no.

 

Are there any USC petitioners out there that have filed their tax status as Head of Household because they're claiming their dependent(s)?

My husband has filed his taxes as HOH for the past 5 years. He's divorced, but paying child support. (Child does not live with him)

 

We got married July 2016, so just wondering if he would need to amend his 2016 tax return from HOH to MFS ?

 

Any advise would be greatly appreciated. Thanks!

 

 

This is what TurboTax informs:

If you were still legally married as of December 31, you are considered unmarried (and therefore eligible for Head of Household) if all 5 of these conditions apply:

1. You won't be filing jointly with your spouse; and
2. Your spouse didn't live in your home after June (temporary absences due to illness, school, vacation, business, or military service don't count); and
3. Your home was your child's, stepchild's, or foster child's main home for more than half the year; and
4. You paid more than half the costs of keeping up your home during the tax year; and
5. You meet the qualifications to claim the child as your dependent, even if the other (noncustodial) parent is actually claiming the child as a dependent on their return.  

You can also be "considered unmarried" for Head of Household if your spouse was a nonresident alien at any time during the tax year and you're not treating them as a resident alien.

Married filers who are "considered unmarried" cannot file with Head of Household status if their dependent is somebody other than a child, for example a parent.

https://ttlc.intuit.com/questions/2567672-can-a-married-person-claim-head-of-household-filing-status

[Suss&Camm 2,213]

Just now, mrtravel said:

If married, he would file either married filing jointly or married filing separately, no matter where you live
He cannot file as HOH.

 

There are exceptions.

[mrtravel 40]

54 minutes ago, Suss&Camm said:

There are exceptions.

Yes, I missed this one "Nonresident alien spouse.   You are considered unmarried for head of household purposes if your spouse was a nonresident alien at any time during the year and you don’t choose to treat your nonresident spouse as a resident alien. However, your spouse isn't a qualifying person for head of household purposes. You must have another qualifying person and meet the other tests to be eligible to file as a head of household."

 

[kellyh 27]

Thank you @mrtravel and @Suss&Camm for your quick reply.

 

child

 

You can also be "considered unmarried" for Head of Household if your spouse was a nonresident alien at any time during the tax year and you're not treating them as a resident alien.

 

Married filers who are "considered unmarried" cannot file with Head of Household status if their dependent is somebody other than a child, for example a parent.

 

According to my understanding is that, he can file as HOH because of the following:

1. I, his spouse am a non resident 

2. His dependent is his child

 

I'm just so upset as I originally asked him to file MFS 😖 but don't know why his accountant said cannot because i do not have an SSN. 

[Ontarkie 14,226]

~~Moved to Taxes and Finances, from IR1/CR1 P&P~~

[Wuozopo 4,293]

4 hours ago, kellyh said:

 

I'm just so upset as I originally asked him to file MFS 😖 but don't know why his accountant said cannot because i do not hav

 

He paid less taxes as Head of Household than he would have Married Filing Separately.