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Level 2
posted Jun 7, 2019 3:21:37 PM

It would be advantageous for me to file as head of household rather than MFS. Spouse is non-resident alien, so I should qualify as HoH. How can I get Turbotax to do this?

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1 Best answer
Level 15
Jun 7, 2019 3:21:47 PM

If you do not choose to treat your nonresident spouse as a U.S. resident, you may be able to use head of household filing status. To use this status, you must pay more than half the cost of maintaining a household for certain dependents or relatives other than your nonresident alien spouse. For more information, refer to Head of Household  and Publication 501, Exemptions, Standard Deduction, and Filing Information .

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

7 Replies
Level 9
Jun 7, 2019 3:21:38 PM

Because the program is not set up for that, I think you need to say you are NOT married.

Level 15
Jun 7, 2019 3:21:39 PM

If you do NOT live together then when you add a qualifying dependent the program will suggest HOH ...and if you live with your spouse anytime during the last 6 months (no matter what their status is) you cannot file HOH and you can NEVER indicate you are single for the marital status to work around the program interview.

Level 9
Jun 7, 2019 3:21:41 PM

Critter, a person CAN file as Head of Household if married to a Nonresident Alien (even if they live together).

But you are right, saying you are Married but did not live with your spouse (even if they did but the spouse is a Nonresident Alien) may be a better work-around to make the program allow Head of Household.

Level 15
Jun 7, 2019 3:21:42 PM

Never heard of that before ... IRS HOH  rules are clear :

Considered unmarried

The IRS also requires all taxpayers who file as head of household to be "considered unmarried" as of the last day of the tax year. To be considered unmarried means:

You file a separate return
You paid more than half of the cost of keeping up your home for the tax year
You spouse did not live in the home during the last 6 months of the tax year
Your home was the main home for the qualifying person for at least 6 months of the tax year
You must be able to claim the child as a dependent

Level 9
Jun 7, 2019 3:21:44 PM
Level 15
Jun 7, 2019 3:21:45 PM

@smith50 Do you have dependents to claim?

Level 15
Jun 7, 2019 3:21:47 PM

If you do not choose to treat your nonresident spouse as a U.S. resident, you may be able to use head of household filing status. To use this status, you must pay more than half the cost of maintaining a household for certain dependents or relatives other than your nonresident alien spouse. For more information, refer to Head of Household  and Publication 501, Exemptions, Standard Deduction, and Filing Information .

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse