My husband is disable, because of my income they took it away, do we qualify for the disability tax credit? If not what would be the best way to file?

[tcastro41414]

My husband has no income is still considered disabled and I am the head of household. How can I file my taxes for maximum return?

[DoninGA · Accepted solution]

If you are married and live together you can only file your tax return as either Married Filing Jointly or Married Filing Separately (NOT Head of Household).  You would want to file as Married Filing Jointly even if one spouse has little or no income.  You will receive the highest standard deduction of $12,600 and each of you will receive a personal exemption of $4,050 (2016).

[SweetieJean]

"because of my income they took it away"  Do you mean SSI (Supplemental Security Income)?  Does he receive SSDI (Social Security Disability Income)?

[SweetieJean]

<a rel="nofollow" target="_blank" href="https://turbotax.intuit.com/tax-tools/tax-tips/Tax-Deductions-and-Credits/What-Are-Disability-Tax-Cr...>

[tcastro41414]

He was getting SSDI.

[VolvoGirl]

By the way, on a Joint return you will need to enter his SSDI.  You will get a SSA-1099 for it to enter into your tax return.  Up to 85% may be taxable depending on your other income.  And usually it does not work out better to file as Married Separate.  My sister takes care of her disabled husband and I just amended her returns from Separate to Joint.

[tcastro41414]

He no longer has an income though so there isn't anything to tax. Do I still need that form?

[VolvoGirl]

If you get one you have to enter it.  If he received any SS or SSDI in 2016 he should be getting the SSA-1099.  So watch for it to come by the end of January.  Don't file without it.

How did you file for 2015 or earlier?  Was he disabled on SSDI for prior years?

[SweetieJean]

SSDI is not needs based, so it would not have been taken away from him because of your income.  SSI is, however. It make a difference because SSDI is taxable, but SSI is not.