Is it a problem if I am married and marked "head of household" instead of "married filing separately "?

Forum|Forum|6 years ago
March 6, 2020
3 replies
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Best answer by bluedeb

If you qualify for Head of Household when married it is ok. You must be considered unmarried. If you are living together & are legally married you cannot file as Head of Household.

Can a married person claim Head of Household filing status?

https://ttlc.intuit.com/community/married/help/can-a-married-person-claim-head-of-household-filing-status/00/26366

DoninGA

Level 15

If you were legally married as of 12/31/2019 and living together at any time during the last six months of the year then you could only file your tax return as either Married Filing Jointly or Married Filing Separately. You could not file as Head of Household.

Usually when married filing as Married Filing Jointly is the best way to file even if one spouse has little or no income.

bluedeb

Answer

Alumni - Champ

If you qualify for Head of Household when married it is ok. You must be considered unmarried. If you are living together & are legally married you cannot file as Head of Household.

Can a married person claim Head of Household filing status?

https://ttlc.intuit.com/community/married/help/can-a-married-person-claim-head-of-household-filing-status/00/26366

Opus 17

Level 15

Turbotax won't allow you to claim HOH unless you also have at least one qualifying child on your return.

To file as HOH if you are married, you must be separated for all the 2nd half of the year (since July 1, 2019). It does not necessarily have to be a legal separation pending divorce, but you can't live in the same home as your spouse for at least half the year.

If you claimed HOH incorrectly, you could have obtained several thousand dollars in tax savings and credits that were not allowed (depending on your overall situation). If caught, you could owe repayment, plus interest and a 25% penalty for willfully filing a false return. If the HOH claim allowed you to claim EIC that is not allowed for MFS, you can be barred from EIC for a further 2 years.