Should I file as married filing separately or as head of household if I'm newly married but my husband does not work?

[xmasbaby0 · Accepted solution]

If you were legally married at the end of 2022 your filing choices are married filing jointly or married filing separately.

Married Filing Jointly is usually better, even if one spouse had little or no income. When you file a joint return, you and your spouse will get the married filing jointly standard deduction of $25,900 (+$1400 for each spouse 65 or older)  You are eligible for more credits including education credits, earned income credit, child and dependent care credit, and a larger income limit to receive the child tax credit. 

If you choose to file married filing separately, both spouses have to file the same way—either you both itemize or you both use standard deduction. Your tax rate will be higher than on a joint return. Some of the special rules for filing separately include: you cannot get earned income credit, education credits, adoption credits, or deductions for student loan interest. A higher percent of your Social Security benefits may be taxable. Your limit for SALT (state and local taxes and sales tax) will be only $5000 per spouse. In many cases you will not be able to take the child and dependent care credit. The amount you can contribute to a retirement account will be affected. If you live in a community property state, you will be required to provide additional information regarding your spouse’s income. ( Community property states:  AZ, CA, ID, LA, NV, NM, TX, WA, WI)

 If  you are using online TurboTax to prepare your returns, you will need to prepare two separate returns and pay twice.

https://ttlc.intuit.com/questions/1894449-married-filing-jointly-vs-married-filing-separately

https://ttlc.intuit.com/questions/1901162-married-filing-separately-in-community-property-states

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

Best Wishes!

[DoninGA]

You would want to file as Married Filing Jointly even if your spouse has little or no income.  You get the highest Standard Deduction and tax brackets that are higher versus filing separately.  Plus you can loose some credits or reduced deduction if filing separately.

See this TurboTax support FAQ for filing jointly - https://ttlc.intuit.com/turbotax-support/en-us/help-article/taxation/better-married-couple-file-join...

[Opus 17]

Head of household is only allowed if you are single and caring for a qualifying person, usually a child dependent; or you are married but have been living separately from your spouse for all the last 6 months of the year, and also caring for a qualifying dependent. 

You must file married filing jointly or married filing separately.  Joint filing almost always results in the lowest tax or largest refund and is allowed even if only 1 spouse works.