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My husband and I maintain separate residences in separate states throughout the year. Can I claim head of household for the tax year? Our newborn arrived in December?

 
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2 Replies

My husband and I maintain separate residences in separate states throughout the year. Can I claim head of household for the tax year? Our newborn arrived in December?

Yes, you should be able to have Head of Household filing status if you are not filing as Married Filing Jointly.  

See this TurboTax support FAQ for HOH when married - https://ttlc.intuit.com/community/married/help/can-a-married-person-claim-head-of-household-filing-s...

My husband and I maintain separate residences in separate states throughout the year. Can I claim head of household for the tax year? Our newborn arrived in December?

Yes.  If you use HOH, your spouse must file as MFS, unless he has a separate qualifying child.

 

But. you are allowed to file as MFJ, even though you are living apart.  See 

https://ttlc.intuit.com/questions/1894449-is-it-better-for-a-married-couple-to-file-jointly-or-separ...

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