2670878
I'm trying to change my filing status from "married & filing separately" to "head of household". My spouse is a nonresident alien and I am residing abroad. I am claiming both my parents (US citizens) as dependants who don't live with us but I do cover >50% of their living expenses and they make <$4,300/year each.
However, TurboTax is saying that my situation does not qualify me to file as Head of Household despite the IRS website confirming that a dependant parent is a qualifying condition.
Is this a glitch in TurboTax or am I misreading the qualifying conditions?
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If married then one of the HOH qualifications is that you did not live with your spouse at ANYTIME during the last 6 months of the tax year and have a dependent child, step child or foster child that lived with you that you support. If you are married, a dependent parent does not count.
See IRS Pub 501 under "Considered Unmarried" for more information
https://www.irs.gov/publications/p501#en_US_2020_publink1000220779
[quote from pub 501]
To qualify for head of household status, you must be either unmarried or considered unmarried on the last day of the year. You are considered unmarried on the last day of the tax year if you meet all the following tests.
You file a separate return. A separate return includes a return claiming married filing separately, single, or head of household filing status.
You paid more than half the cost of keeping up your home for the tax year.
Your spouse didn't live in your home during the last 6 months of the tax year. Your spouse is considered to live in your home even if he or she is temporarily absent due to special circumstances. See Temporary absences, later.
Your home was the main home of your child, stepchild, or foster child for more than half the year. (See Home of qualifying person, later, for rules applying to a child's birth, death, or temporary absence during the year.)
You must be able to claim the child as a dependent. However, you meet this test if you can't claim the child as a dependent only because the noncustodial parent can claim the child using the rules described, later, in Children of divorced or separated parents (or parents who live apart) under Qualifying Child or in Support Test for Children of Divorced or Separated Parents (or Parents Who Live Apart) under Qualifying Relative. The general rules for claiming a child as a dependent are explained, later, under Dependents.
Thanks. There is a distinction made between spouses who are non resident aliens and resident alien/US citizens however.
The IRS website you quoted goes on to say:-
"You are considered unmarried for head of household purposes if your spouse was a nonresident alien at any time during the year and you don't choose to treat your nonresident spouse as a resident alien. However, your spouse isn't a qualifying person for head of household purposes. You must have another qualifying person and meet the other tests to be eligible to file as head of household."
Based on this, I should qualify as HoH.
Yes, you are correct you should qualify as Head of Household if you meet the requirements:
"Although your nonresident spouse cannot qualify you as a head of household, you can qualify if (1) or (2) applies:
I cannot recreate the issue. If you still are having issues you can try to leave your nonresident spouse of the return (select that you are single) and then go through the filing interview to qualify as head of household.
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