No, the Texas law does not apply to your federal tax return. If you meet the qualifications you may file as head of HouseHold
Head of Household
Use this status if you were unmarried or considered unmarried as of December 31, 2021 and either of the following applied:
1. You paid more than half the cost of keeping up the home of your parent, whom you can claim as a dependent, for all of 2020. Your parent did not have to live with you in your home.
2. You paid more than half the cost of keeping up a home where you and one of the following lived for more than half the year:
- Your unmarried child, adopted child, grandchild, or stepchild who is under age 19 or a full-time student under age 24 or who is permanently and totally disabled. This child does not necessarily need to qualify as your dependent or be claimed on your tax return as your dependent.
- Your dependent married child, adopted child, foster child, or any other dependent relative. On your tax return, you claim this person as your dependent.
To file as head of household, you must: have a qualifying child and meet these requirements
* Relationship – must be the taxpayer’s child or stepchild (by blood or adoption), foster child, sibling or step-sibling, or a descendant of any of these.
* Age – on Dec 31st, must be under the age of 19, or the age of 24 if a full-time student, or regardless of age, be permanently and totally disabled.
* Residence – the child must have lived with the taxpayer for more than 6 months of the tax year. Exceptions are made the children of separated or divorced parents. If a child was born or died during the year, they are considered to have lived with you the entire year.
* Support – refers to the child’s income, which must not have provided more than half of the child’s support for the tax year
* Joint Return – the child cannot file a joint return unless the return is filed only to claim a refund of withholdings
* Citizenship – the child must be a US citizen, US resident alien, and the child must have an SSN by the date the return is filed.
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