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eobluck
New Member

If you have to amend return from married filing joint to married head of household will my husband then have to file his own tax return?

I filed initially as married joint but we got married Dec 21 and lived in seperate states the whole year. I have 3 kids from a previous marriage and realized head of household is how i should have filed
2 Replies
xmasbaby0
Level 15

If you have to amend return from married filing joint to married head of household will my husband then have to file his own tax return?

It is too late.    If you try to amend to head of household from a joint return----which is "iffy"----your spouse would have to amend and file married filing separately.   And the rule is that you cannot amend a joint return to file married filing separately after the filing deadline---which was on May 17.

 

Not sure why you think head of household would be better.   You have a higher standard deduction when you file jointly.   And it would not be likely to do your new spouse any favors to have him file separately.

 

If you were legally married at the end of 2020 your filing choices are married filing jointly or married filing separately.

Married Filing Jointly is usually better, even if one spouse had little or no income. When you file a joint return, you and your spouse will get the married filing jointly standard deduction of $24,800 (+$1300 for each spouse 65 or older)  You are eligible for more credits including education credits, earned income credit, child and dependent care credit, and a larger income limit to receive the child tax credit. 

 

If you choose to file married filing separately, both spouses have to file the same way—either you both itemize or you both use standard deduction. Your tax rate will be higher than on a joint return. Some of the special rules for filing separately include: you cannot get earned income credit, education credits, adoption credits, or deductions for student loan interest. A higher percent of your Social Security benefits may be taxable. Your limit for SALT (state and local taxes and sales tax) will be only $5000 per spouse. In many cases you will not be able to take the child and dependent care credit. The amount you can contribute to a retirement account will be affected. If you live in a community property state, you will be required to provide additional information regarding your spouse’s income. ( Community property states:  AZ, CA, ID, LA, NV, NM, TX, WA, WI)

 If  you are using online TurboTax to prepare your returns, you will need to prepare two separate returns and pay twice.

 

https://ttlc.intuit.com/questions/1894449-married-filing-jointly-vs-married-filing-separately

https://ttlc.intuit.com/questions/1901162-married-filing-separately-in-community-property-states

https://ttlc.intuit.com/questions/1894449-is-it-better-for-a-married-couple-to-file-jointly-or-separ...

 

 

 

And....did you spend any of the last six months of 2020 with your new spouse?

 

Am I Head of Household?

https://ttlc.intuit.com/questions/1894553-do-i-qualify-for-head-of-household

https://ttlc.intuit.com/questions/2900097-what-is-a-qualifying-person-for-head-of-household

 

If you qualify as Head of Household, when you enter your filing status (single or married filing separately) into MyInfo, and then enter your qualifying dependent, TurboTax will offer HOH as your filing status.

 

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
Mike9241
Level 15

If you have to amend return from married filing joint to married head of household will my husband then have to file his own tax return?

another reason you can not file as HOH. you say you got married on 12/21/2020. therefore, even though you and your spouse lived in separate states you did not live apart after marriage for the last 6 months of 2020 which prevents HOH filing.   

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