I'm married filing head of household my husband is disabled and he is also my dependent because I take care of him so how would I file

[xmasbaby0 · Accepted solution]

NO.  You cannot claim a spouse as a dependent,  You file a joint tax return.  And so you understand--Head of Household is not a "better" filing status for you.  It would not get you a bigger refund.

If you were legally married at the end of 2019 your filing choices are married filing jointly or married filing separately.

Married Filing Jointly is usually better, even if one spouse had little or no income. When you file a joint return, you and your spouse will get the married filing jointly standard deduction of $24,400 (+$1300 for each spouse 65 or older)  You are eligible for more credits including education credits, earned income credit, child and dependent care credit, and a larger income limit to receive the child tax credit.

"head of household" is a filing status used if you and your spouse lived apart for at least the last six months of the tax year, and if you were the one paying over half the support for your children.  The standard deduction is money you do not pay tax on -- and it is LESS for Head of Household than it is for a joint return.  So you would pay MORE tax if you filed HOH.

And you say you live with your spouse.  You are not Head of Household. You cannot file that way.   File a joint return.

[NCperson]

answer the questions in TT and it will guide you to the appropriate filing status.  How did you conclude to file HOH?  

[mekas1976]

Thank you so much you have been very helpful also have one more question if he's on disability and he owes back taxes from where he used to work befor he became disabled will that affect my taxes if we file married-jointly?

[NCperson]

filing jointly has the best chance of LOWERING your taxes.  

you can not file HOH nor single as you are legally married and living with your husband.

Filing MFS is a bad deal - many other posts explaining all the pitfalls.  96% of married couples file MFJ. 

[mekas1976]

NCperson I'm just trying to figure out how I should file 

[DoninGA]

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@mekas1976 wrote:

Thank you so much you have been very helpful also have one more question if he's on disability and he owes back taxes from where he used to work befor he became disabled will that affect my taxes if we file married-jointly?

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If he has a tax debt then the IRS will seize the tax refund when you file a joint tax return.  The IRS will apply the refund to the back taxes owed and if the refund satisfies the debt then the IRS will send the remainder of the tax refund to you.  If the refund does not satisfy the debt then the IRS will send you a bill in the mail requesting payment.

You can submit a Form 8379, Injured Spouse Allocation with your joint tax return to prevent the IRS from seizing your portion of the federal tax refund.

See this TurboTax support FAQ for a Form 8379 - https://ttlc.intuit.com/community/accessing/help/how-do-i-file-form-8379-injured-spouse-allocation/0...

[Midnightrose147]

Can I claim my domestic partner that is 100 disabled from the military? 

[xmasbaby0]

@Midnightrose147 maybe.   Did your partner live with you for the entire year in 2023?  Did they have less than $4700 of income not counting any Social Security?  

If those are both true then they might be your "qualified relative" dependent and you get the $500 credit for other dependents for claiming them.

CREDIT FOR OTHER DEPENDENTS

https://ttlc.intuit.com/questions/4499708-what-is-the-500-credit-for-other-dependents-family-tax-cre...

[Midnightrose147]

Hi, can I claim my domestic partner who is 100 % disabled from the military?

[DoninGA]

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@Midnightrose147 wrote:

Hi, can I claim my domestic partner who is 100 % disabled from the military?

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You may be able to claim them as a dependent under the Qualifying Relative rules if they meet all the requirements under the rules.

To be a Qualifying Relative -

1. The person cannot be your qualifying child or the qualifying child of any other taxpayer. A child is not the qualifying child of any other taxpayer if the child's parent (or any other person for whom the child is defined as a qualifying child) is not required to file an income tax return or files an income tax return only to get a refund on income tax withheld.
2. The person either (a) must be related to you or (b) must live with you all year as a member of your household.
3. The person's gross income for the year must be less than $4,700 (social security does not count) in 2023
4. You must provide more than half of the person's total support for the year.
5. The person must be a U.S. citizen or a U.S., Canada, or Mexico resident for some part of the year.
6. The person must not file a joint return with their spouse.