Married filing separately but other spouse filing head of household

[couchbosses]

Is this possible to do or will this cause and issue with the IRS?

[xmasbaby0]

Did you live apart for at least the last six months of 2024?  Does the other spouse have physical custody of the children?  Those circumstances could make it possible for that spouse to file HOH and for the other spouse to file married filing separately.   Provide some details.

[KeshaH]

The only time a married taxpayer can file as Head of Household is if the spouses didn't live together for any part of the last six months of the year, and the spouse filing Head of Household is claiming their child as a qualifying person. If you file as Head of Household when you don't qualify, the IRS can adjust your return and you may have to pay back any extra refund that you received.

[couchbosses]

She does claim both children but we live together 

[KeshaH]

She wouldn't qualify for Head of Household. You can file jointly as Married Filing Jointly, or each file as Married Filing Separately.

[xmasbaby0]

@couchbosses If all of you live together then your spouse cannot file Head of Household.   Your filing choices are to file married filing jointly or married filing separately.  HOH is NOT an option for either one of you.  

If you were legally married at the end of 2024 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 $29,200 (+ $1550 for each spouse 65 or older)  for 2024. 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. 

If you choose to file married filing separately, both spouses have to file the same way—either you both itemize or you both use standard deduction. Your tax rate will be higher than on a joint return.

 Some of the special rules for filing separately include: you cannot get earned income credit, education credits, adoption credits, or deductions for student loan interest. A higher percent of your Social Security benefits may be taxable. Your limit for SALT (state and local taxes and sales tax) will be only $5000 per spouse. In many cases you will not be able to take the child and dependent care credit. The amount you can contribute to a retirement account will be affected. If you live in a community property state, you will be required to provide additional information regarding your spouse’s income. ( Community property states:  AZ, CA, ID, LA, NV, NM, TX, WA, WI)

 If  you are using online TurboTax to prepare your returns, you will need to prepare two separate returns and pay twice since with online, you get one return per fee.

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