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Level 2
February 8, 2020
Question

My husband and I live with my parents. They are filing head of household. Their tax person is saying we cannot file married joint at their address? What?

  • February 8, 2020
  • 3 replies
  • 17 views
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3 replies

krystledmAuthor
Level 2
February 8, 2020

I'm not sure why she thinks this. She believes two married couples cannot file at the same address.

Level 15
February 8, 2020

Are your parents married? If yes, they should file as Married filing jointly and not Head of Household.

 

In this case, your husband and you can only file Married filing jointly at the same address.

 

The case their tax person is referring to is when an unmarried person (it could be either of your parents but not both of them) files Head of Household and claims you as the Qualifying child. In this case, you and your husband cannot file a joint return, except when this joint return is filed for the sole purpose of claiming a refund of taxes withheld.

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macuser_22
Alumni - Champ
Alumni - Champ
February 8, 2020

They need a new "tax person".   HOH is for "unmarried persons".   If there are married they cannot file HOH.

 

In any event, how you file is up to you.  Nobody can force you to file Married filing separately if you want to file jointly.    Even if you do file married separate there are many requirements that probably prevent you being claimed anyway.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**