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posted Feb 9, 2025 3:37:29 PM

My filed return has head of house hold but think it should be married filling separately what should I do. I am trying to get EIC because my husband does not qualify

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Level 15
Feb 9, 2025 3:42:57 PM

Well---hold on.   If you and your spouse live together you cannot file as Head of Household.   You can only file as HOH if you have lived apart for at least the last six months of 2024 and you have the children.  You cannot file as HOH just to get EIC.   And....you are not eligible for EIC if you file separate returns.   What do you mean when you say "my husband does not qualify?"   Please explain.   

 

If you live together and there is some problem like your spouse owes back taxes or child support, you could file a joint return and include an injured spouse form to protect your part of the refund.

 

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