Opus 17
Level 15
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Deductions & credits


@trapezewdc wrote:

Thanks.

 

For the entire tax year of 2025 :

 

- My foreign national spouse is a nonresident alien and I will not choose to treat my spouse as a resident alien

- I pay 100% of the household costs

- I have a US citizen child who lives with me all the time

 

 

Do I qualify to file as HoH for 2025 tax return ?


Yes.  Usually, living with your spouse prevents this, but there is an exception for spouses who are non-resident aliens.

 

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 head of household.

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