Head of house hold

[Learningneverends40]

What do we do when we’re married,  not legally separated but lived separately in different homes for over 10 years? Is it ok to put married filing separately as head of house hold? 
I always get asked for my spouse information but we don’t live together and I don’t have correct information for him. What do we do? 

[Opus 17]

Head of household is a special status you can use if you have been separated from your spouse, you pay for more than half the costs of keeping your home, and you provide care in your home for a qualifying person who is usually your child dependent who lives with you more than half the year.

If you don't have a child dependent, or your child lives with you less than half the year, your only option is to file as Married Filing Separately. 

When filing MFS, you should only need your spouse's name and SSN.  You only need their income (I think) if you are claiming the health insurance subsidy.  If you don't have the right information, you may need to file by mail and attach a written explanation.  

[K M W]

keep in mind if you live in a community property state, then you may also need to report 1/2 of your spouse's community property income on your Married Filing Separately tax return.

[Ruth C-L · Accepted solution]

The rules for filing with the Head of Household status are designed to help single persons with dependents, but in some cases, married persons can claim the head of household filing status.

To qualify for the head of household filing status while married, you must be considered unmarried on the last day of the year, which means you must:

• File your taxes separately from your spouse
• Pay more than half of the household expenses
• Not have lived with your spouse for the last 6 months of the year
• Provide the principal home of a qualifying dependent
• Claim said dependent on your tax return

If you meet all of these requirements, you may file as head of household while married.

Another note, if you’re married and filing separately, there are a few requirements to keep in mind when it comes to claiming your deductions:

• When filing separately, both spouses must take the Standard Deduction or both must itemize their deductions. One spouse can't itemize their deductions while the other spouse takes the Standard Deduction.
• When itemizing deductions, each deduction can only be used by one spouse even if both spouses paid for the expense. A deduction can be split between spouses filing separately as long as the total claimed by both spouses doesn't exceed the total deduction.

Ruth C-L, CPA, Attorney

[Opus 17]

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@K M W wrote:

keep in mind if you live in a community property state, then you may also need to report 1/2 of your spouse's community property income on your Married Filing Separately tax return.

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That's a good point, however, the marital community might have ended.

The marital "community" (which requires you to share income equally no matter who earns it) might end when you separate, or it might only end when you divorce.  Under some situations, the IRS could try to hold you responsible if your spouse has unpaid taxes, even if you are separated.   If you live in a community property state, you should see an attorney about your situation.  

[Learningneverends40]

Thank you 

[Learningneverends40]

Thank you

[Learningneverends40]

Thank you all

[juliob]

Aloha @Learningneverends40 ,

Thank you for your reaching out to TurboTax regarding your Head of Household tax question.

The IRS has certain requirements that allow individuals that are married, to be considered 'unmarried' for tax purposes. You are considered unmarried if:

• You both file separate tax returns;
• You paid more than half of the cost of keeping up your home for the year;
• Your spouse did not live with you the last 6 months of the year; and
• You home is the main home of a child, step child, or foster child for at least 6 months of the year. (Please click on the following link to learn if you have a qualifying child - CLICK HERE)

TurboTax will ask this question every year in case you are not able to meet any of the above requirements.

If you do not have your spouse's personal information i.e. social security, date of birth, etc., but are able to claim head of household, you only need to enter their First and Last Name but do not need to enter any other personal information. Leave the social security number and date of birth blank when prompted to by TurboTax.

TurboTax will remove any errors regarding your spouse once you have answer the questions regarding Head of Household. 

I hope this information clarifies any confusion regarding the questions TurboTax asks of you.

Have a great day!