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srpguy
New Member

Can I file as head/household and claim wife as a defendant? She is on permanent disability so her only income is social security therefor she doesnt even need to file

 
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3 Replies

Can I file as head/household and claim wife as a defendant? She is on permanent disability so her only income is social security therefor she doesnt even need to file

Since you are married, your best option is to file a joint return. Head of household status is generally available only to a single person (or a married person separated from their spouse for the latter half of the year) raising a child. Even if you did qualify for HOH status, she would be considered "married filing separately"; if she gets SSDI then 50 to 85% of her SS check would be taxable under that status. (SSI, the other option for low-income disabled people, is not taxable.)

Though in MOST cases persons receiving only Social Security (including SSDI) don't need to file, that is NOT always the case. As I suggested above, married persons filing separate returns are generally taxed on at least 50% of their total SS check regardless of amount, possibly up to 85% depending on amount and other income. Also, in some cases lump-sum SSDI payments may be big enough in and of themselves to trigger SS taxation. If not sure, complete IRS Notice 703 on the back of your wife's SSA-1099 to see if she may need to file.

Can I file as head/household and claim wife as a defendant? She is on permanent disability so her only income is social security therefor she doesnt even need to file

I need to find the section to report my status married filing join return

DMarkM1
Employee Tax Expert

Can I file as head/household and claim wife as a defendant? She is on permanent disability so her only income is social security therefor she doesnt even need to file

Yes, click "My Info" in the left hand menu.  Scroll down to the "Filing Status" section and "Edit".  There you can select your filing status and generate the interview to enter your spouse's information.

 

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