Question about HOH filing status

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Is it possible to file as HOH if your spouse passes the substantial presence test, but choose to treat her as a non-resident if you can claim dependents and pay over 50% of the bill?

Not A Product Question

DianeC958

Alumni - Intuit

No, if you are Married you need to file as Married Filing Joint or Married Filing Separate.

You can only file as Head of Household if you are unmarried.

How to Change Your Filing Status

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RollingThunder09Author

Level 2

I asked a similar question on my other account and received this as an answer:

“Since the personal exemption has been removed from the tax code you should have no problems filing for HOH with the dependent children, even if your NRA spouse passes both tests.”

Even though my spouse is considered a resident alien. Is this accurate?

MaryK4

Alumni - Intuit

If you are married you must file as married UNLESS you qualify for Head of Household because you and your spouse are "considered unmarried" because you lived apart for the entire last six months of the year. @RollingThunder09

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