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MarkE8447
Returning Member

Head of Household - Married Filing Jointly w/ Nephew?

Is it appropriate to claim Head of Household, as opposed to married filing jointly when my wife's nephew lived with us for more than six (6) months in 2020.  My nephew earned $8,351 during 2020 and no other person can claim him as a dependent for 2020?  He did not contribute to mortgage, utilities, or food during his time with us.

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Accepted Solutions
AliciaP1
Expert Alumni

Head of Household - Married Filing Jointly w/ Nephew?

No, you cannot file Head of Household as a married person unless you meet all of the following conditions:

  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)
  4. You paid more than half the costs of keeping up your home during the tax year
  5. You meet the qualifications to claim the child as your dependent, even if the other (noncustodial) parent is actually claiming the child as a dependent on their return

See Can a married person claim Head of Household filing status? for more information.

 

[Edited 02/14/2022|12:28 PM PST]

 

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4 Replies

Head of Household - Married Filing Jointly w/ Nephew?

If you are legally married and living together you can only file as Married Filing Jointly or Married Filing Separately.

 

If the nephew is age 19 or older, not a full time student and has gross income of $4,300 or more then he cannot be claimed as a dependent.

 

 

MarkE8447
Returning Member

Head of Household - Married Filing Jointly w/ Nephew?

Nephew is 17.  He is a full-time student and earned $8,350 at a part-time job.  Does that qualify for changing "married-filing jointly" to "Head of Household"?

Head of Household - Married Filing Jointly w/ Nephew?


@MarkE8447 wrote:

Nephew is 17.  He is a full-time student and earned $8,350 at a part-time job.  Does that qualify for changing "married-filing jointly" to "Head of Household"?


No, you do not qualify for Head of Household since you are married and living together.

You should be filing as Married Filing Jointly since the Standard Deduction is $25,100.  And being not eligible for HOH is in your favor since the Standard Deduction for HOH is only $18,800

 

You should be able to claim your nephew as a dependent under the Qualifying Child rules where his income is not a factor as long as he does not provided over one-half of his own support.

 

To be a Qualifying Child -

1. The child must be your son, daughter, stepchild, foster child, brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant of any of them.
2. The child must be (a) under age 19 at the end of the year, (b) under age 24 at the end of the year and a full-time student or (c) any age and permanently and totally disabled.
3. The child must have lived with you for more than half of the year. Temporary absences while away at college are considered living with you.
4. The child must not have provided more than half of his or her own support for the year.
5. If the child meets the rules to be a qualifying child of more than one person, you must be the person entitled to claim the child as a qualifying child.
6. The child must be a U.S. citizen or U.S., Canada or Mexico resident for some portion of the year.
7. The child must be younger than you unless disabled.

AliciaP1
Expert Alumni

Head of Household - Married Filing Jointly w/ Nephew?

No, you cannot file Head of Household as a married person unless you meet all of the following conditions:

  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)
  4. You paid more than half the costs of keeping up your home during the tax year
  5. You meet the qualifications to claim the child as your dependent, even if the other (noncustodial) parent is actually claiming the child as a dependent on their return

See Can a married person claim Head of Household filing status? for more information.

 

[Edited 02/14/2022|12:28 PM PST]

 

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"

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