Can I file tax return as 'House of head' when my wife is a housewife living with me but she does not have SSN/ITIN and income?

[zhongshancheng]

Would you please tell me whether I can file tax return as 'House of head' when my wife is a housewife living with me but she does not have SSN/ITIN and income? I actually filed my tax return like this for more than 3 years using Turbotax online, do I need to correct my previous tax return forms? Thanks.

[KrisD15 · Accepted solution]

No, you cannot file Head of Household given the details of your living situation.

Yes, you will need to amend. 

You also have the option of making an election to file jointly. 

This would allow you to claim the higher Married Filing Jointly Standard Deduction compared to filing Married Filing Separately. 

You can make the election on an amended return. 

Your spouse would not qualify you to file Head of Household and if you do not live apart, that also would not qualify you.

HERE is a link with more information. 

[zhongshancheng]

Thanks for your reply. I think the best solution is to apply ITIN for my wife and then file the tax return jointly according to the link you provided: https://ttlc.intuit.com/turbotax-support/en-us/help-article/tax-credits-deductions/[product key remo...

However, do you have any suggestions regarding how to revise my previous years' tax turns that were filed in 'House of head'? I did that using Turbotax e-filing because I only listed my daughter who is an US citizen as dependent.

[zhongshancheng]

OK, I see how to revise my previous tax return by following the instructions on https://ttlc.intuit.com/turbotax-support/en-us/help-article/tax-return/amend-change-correct-return-a....

[DawnC]

If you had a qualifying dependent, you would have qualified for the Head of Household status.   See the IRS page below - 

You are considered unmarried for head of household purposes if your spouse was a nonresident at any time during the year and you do not choose to treat your nonresident spouse as a resident. However, your spouse is not a qualifying person for head of household purposes. You must have another qualifying person and meet the other tests to be eligible to file as a head of household.