Can a married person claim Head of Household filing status?

[monkeytax135]

I found the following post and confused by bullet 3. ..... (non-child dependents in your home don't qualify)

But someone's parent(s) or relatives can be the qualifying dependent(s). Your parents do not have to live with you to qualify.  I don't know about relative.  Even though some online posts state "direct relatives do not have to live with you. 

Can someone clarify bullet 3 - is it incorrect?

Thank you.

SOLVED•by •

2718•

Updated January 13, 2023

Even if you were legally married as of December 31, you're considered unmarried (and therefore eligible for Head of Household) if all five of these conditions apply:

1. You won't be filing jointly with your spouse
2. Your spouse didn't live in your home after June (temporary absences due to illness, school, vacation, business, or military service don't count)
3. Your home was your child's, stepchild's, or foster child's main home for more than half the year (non-child dependents in your home don't qualify)

[Bsch4477]

You are correct that the third bullet is wrong. See page 23 and following for IRS information. 

https://www.irs.gov/pub/irs-pdf/p17.pdf

[monkeytax135]

I confirmed with the publication that a married person can file HOH.  Here is a follow up question.  When a person answers the marriage question in Turbotax, (Single, Married, Divorced, Legally Separated, Widowed) what's the best choice, Single?  If you check Married, Turbotax will not allow you to file HOH even with a qualifying child.  I think this is a problem?

I thought Turbotax should know that a person is considered Unmarried  if he/she answered they did not live together for the last six months of a year and passed supporting tests.  Otherwise, why go through all these questions. 

Turbotax probably followed IRS's HOH test: IRS's first question is "are you married".  As soon as you answer married, you can't file HOH.

So a person has to answer Single, or legally separated or ... but not Married in Turbotax in order to file HOH than reply on Turbotax to decide the filling status for you?

Thank you.

[VolvoGirl]

Yes you have to start by selecting Married filing Separately.  Then if you qualify it will automatically give you Head of Household.  You can be married but you have to live apart from your spouse for the last 6 months of the year and have a qualifying child or relative to claim HoH.  

Do you qualify for Head of Household?
https://ttlc.intuit.com/community/family/help/do-i-qualify-for-head-of-household/00/25539

Who is a qualifying person for Head of Household?
https://ttlc.intuit.com/community/family/help/what-is-a-qualifying-person-for-head-of-household/00/2...

[monkeytax135]

A person has to answer "Are you married" first.  So what should the answer be?

You have to answer any thing other than "Married" to get HOH filing status.

So you have to decide "unmarried" and answer accordingly.  Turbotax does not figure you are considered "unmarried" for you.  What's the purpose to go through all the tests then. 

[VolvoGirl]

Ok I opened my 2021 program.  When you start a new return you enter your info and pick Married.  Then it asks, Do you want to file together with your spouse?  Say NO.  Then enter your spouse's name

Then it will ask you 3 things (do you get this screen?)

1. Either spouse or you will itemize deductions

2.  Spouse did NOT live with you July 1 to Dec 31

3.  Spouse was a nonresident alien.

Check by #2.  Then later when you enter a dependent it will switch you from MFS to HH.  

[monkeytax135]

thank you for your reply.  No, it does not.

Even If you enter your parent as a dependent.