Head of Household status

[kerri67d]

My husband and I were married on 07/16/16.  I don't want to file Married.  I want to file Head of Household.  Can I do that?  We will be filing separately because he owes taxes to the IRS and is currently in repayment status.

[Critter · Accepted solution]

You cannot file HOH since you are now married ... you must file separately ( the worst filing status) or jointly with an injured spouse attached. 

Then, to prepare Form 8379 for Injured Spouse allocation:

1.     Click on Federal Taxes (Personal, if using Home & Business)

2.     Click on Other Tax Situations

3.     Click on Miscellaneous Tax Forms

4.     Click on Report an injured or innocent spouse claim

5.     Follow the prompts

[DanielV01]

It depends.  You unfortunately do not qualify for Head of Household status, because you married and lived with him after July 1.  For a married person to claim Head of Household, they need to both be living apart from their spouse the last 6 months (or more) of the year, but also have a qualifying dependent.