My husband does not have SS number and does not want it how can can I file my tax separately?

[bluedeb]

You can file as Married Filing Joint or you can file as Married Filing Separate, it will still ask for his SSN, since he does not have one you would leave it blank.  You would only be able to file your return by mail.  You cannot e-file a return without his SSN or ITIN.

[bluedeb · Accepted solution]

I wanted to add, if you qualify you could file as Head of Household.  Then it would not ask for his SSN.

Can a married person claim Head of Household filing status?

Even if you were legally married as of December 31, you are considered unmarried (and therefore eligible for Head of Household) if all 5 of these conditions apply:

1. You won't be filing jointly with your spouse
2. Your spouse didn't live in your home after June (temporary absences due to illness, school, vacation, business, or military service don't count)
3. Your home was your child's, stepchild's, or foster child's main home for more than half the year (non-child dependents in your home don't qualify)
4. You paid more than half the costs of keeping up your home during the tax year
5. You meet the qualifications to claim the child as your dependent, even if the other (noncustodial) parent is actually claiming the child as a dependent on their return

You can also be considered unmarried for Head of Household if your spouse was a nonresident alien at any time during the tax year and you're not treating them as a resident alien.