Trying to file head of household and married. My wife didn't live with me for more than half a year and my dependent is my sister that I support but it won't let me.

[jsport79]

Not sure why the software won't let me select head of household. Is this a bug and how do I fix this?

[Carl]

Please clarify "it won't let me". What is the program telling you? Be aware also, that your qualified relative dependent has to be younger than you (unless disabled) and depending on her age and student status, may have to meet the requirement of having less than $4,050 of taxable income for the year.

[jsport79]

Just read that non-child dependents don't qualify when trying to file head of household when married and spouse hasn't lived in my house after June for the year. Is that true? I was able to file head of household when I was single and claiming my sister who doesn't work. Now it says she doesn't qualify.

[DoninGA]

The rules are different when you are Not married.  When you are Single you can claim as a dependent someone who is a qualifying person to make you eligible for HOH.  Your sister would be a qualifying person.  
See IRS Publication 501 for Head of Household page 8 - <a rel="nofollow" target="_blank" href="https://www.irs.gov/pub/irs-pdf/p501.pdf#page=8">https://www.irs.gov/pub/irs-pdf/p501.pdf#page=8</a>

[Hal_Al]

Your non-child dependent must live with you*, not just qualify as your dependent.

*Technically you must have a qualifying person, living in your supported household, for more than half the year

[Carl]

The rules for HOH are different for a married person, than they are for a single person. If I recall, since you were married in 2017 and your sister is not your child, you don't qualify for HOH. You either file joint with your spouse, or you file MFS.

[jsport791]

Thanks. Seems like a family tax accountant had the wrong information. I was told I would be able to still claim my sister in my situation but she’s not a child so I cannot.

[xmasbaby0]

She might meet the criteria for you to claim her as a dependent, but she does not qualify you to file HOH.  you could still get the personal exemption for her, but you will get the standard deduction for MFS.

[Carl]

Good point of clarification there. Just because you don't qualify to file HOH, does not mean your sister would not qualify as your dependent.

[DoninGA · Accepted solution]

The Head of Household rules for when you are married but not living with your spouse specify that the dependent you claim on your tax return that qualifies you for HOH must be your child.  Your sister does not qualify you for Head of Household

See IRS Publication 501 Considered Unmarried on page 8 - https://www.irs.gov/pub/irs-pdf/p501.pdf#page=8

"Your home was the main home of your child, stepchild, or foster child for more than half the year"