It's not letting me file my State taxes. It keeps saying I can't claim my spouse in filing head of household. But it won't let me make him a zero either. Form 40 Idaho

[SweetieJean]

Then perhaps Grandma can actually claim him as a dependent.

[gbrgss]

She does not want to, she looses her tax break somehow if she does.

[SweetieJean · Accepted solution]

If you're filing separately, you can claim an exemption for your spouse if s/he had no income, isn't filing his or her own return, and isn't a dependent on someone else's return.  However, that is not the same as claiming that perosn as a dependent.

Head of Household filing status requires a qualifying dependent, such as a child.  Did you have one listed on your Federal return?

But you could have avoided all this by simply filing Married Joint. So why didn't you?

[SweetieJean]

To qualify for Head of Household status, you must be either unmarried or considered unmarried on the last day of the year. You are considered unmarried on the last day of the tax year if you meet all the following tests.

You file a separate return. A separate return includes a return claiming married filing separately, single, or head of household filing status.

You paid more than half the cost of keeping up your home for the tax year.

Your spouse didn't live in your home during the last 6 months of the tax year. Your spouse is considered to live in your home even if he or she is temporarily absent due to special circumstances. er.

Your home was the main home of your child, stepchild, or foster child for more than half the year.

You must be able to claim an exemption for the child. However, you meet this test if you can't claim the exemption only because the noncustodial parent can claim the child using the rules described later in Children of divorced or separated parents (or parents who live apart) under Qualifying Child or in Support Test for Children of Divorced or Separated Parents (or Parents Who Live Apart) under Qualifying Relative.

[gbrgss]

Yes! I have two qualifying children. We did not live together the last 6 month's of the year, I answered all the questions correctly, the Federal return was accepted, but I'm wondering if it is a auto fill flaw on the State return. I didn't change anything and it transferred the information. He had no taxable income, he is not filing a return, and no one else can claim him or is. I didn't list him as a dependent, I posted him in the spouse area as the form says to. So, on form 40 it says I can not have a 1 in the spouse block, but it won't let me change it to nothing either. I'm at a loss.

[gbrgss]

Also, I did not file jointly because we are not living together anymore.