Can I file HOH if I'm married?

Forum|Forum|3 years ago
January 31, 2023
2 replies
0 views

I have 1 dependent
He has to pay the IRS

TurboTax Premier Online

xmasbaby0

Level 15

No. Unless you lived apart from your spouse for at least the last six months of 2022 you cannot file as HOH. But you can file a joint return and use Injured Spouse to protect "your" part of the refund.

INJURED SPOUSE

https://ttlc.intuit.com/questions/1910698-how-do-i-file-form-8379-injured-spouse-allocation

**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.**

Opus 17

Level 15

You can file married filing separately. This will mean your tax returns and finances are completely separate, as far as the IRS is concerned. But, it usually has higher tax rates and some deductions and credits are disallowed.

Or, you can file jointly and include an injured spouse form. This is a request to the IRS to consider your tax facts separately from your spouse and pay you part or all of the refund that would be due to your own income and protect it from your spouse's debt. These requests are usually partly honored, but rarely fully, and it can take several extra months to process a tax return with an injured spouse claim. Also, the injured spouse procedure is only to be used to protect your refund from your spouse's debts that were incurred before the marriage. If your spouse has a tax debt from after you were married, you can't use the injured spouse form to protect part of the refund.