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Employee
June 1, 2019
Question

Head of household vs married filing separately

  • June 1, 2019
  • 7 replies
  • 0 views
My wife and I haven't live together during the last three years but we have no legal separation

7 replies

jaxdaveAuthor
Employee
June 1, 2019
The software wont let me change to married filing separately even though I have filed that way the last two years.
jaxdaveAuthor
Employee
June 1, 2019
and there is an error at final check saying the box saying she hasn't lived with me during 2015 cannot be checked.
jaxdaveAuthor
Employee
June 1, 2019
I am claiming our only dependent and provide the majority of the household support and 100% of the residence costs
VolvoGirl
Employee
June 1, 2019
Head of Household is better than MFS if you qualify.  Sounds like you might qualify for HOH.

See FAQ on Head of Household
<a rel="nofollow" target="_blank" href="https://ttlc.intuit.com/questions/1894553-do-i-qualify-for-head-of-household">https://ttlc.intuit.com/questions/1894553-do-i-qualify-for-head-of-household</a>

Head of Household doesn't mean where you live or if you own a house. Just that you are single or considered unmarried and provide support for a qualifying person or child.

Start by choosing Single or Married Filing Separately and when you enter a dependent, if you qualify it will change it to Head of Household.

You may be able to file as head of household if you meet all the following 3 requirements (A-C).  Copied from Pub 501.

A.  To claim head of household you have to be unmarried or to be considered unmarried. You are considered unmarried on the last day of the tax year if you meet all the following tests:
1. You file a separate return.
2. You paid more than half the cost of keeping up your home for the tax year.
3. Your spouse did not live in your home during the last 6 months of the year.
4. Your home was the main home of your child, stepchild, or foster child for more than half the year.
5.  You must be able to claim an exemption for the child.  However you can meet this test if you cannot claim the exemption only because the noncustodial parent can claim the child.

B. You paid more than half the cost of keeping up a home for the year.

C. A "qualifying person" lived with you in the home for more than half the year (except for temporary absences, such as school).  However if the "qualifying person" is your dependent parent, he or she does not have to live with you.
VolvoGirl
Employee
June 1, 2019
Who is your dependent?  Is it your child?   You are not trying to claim your wife as a dependent?
jaxdaveAuthor
Employee
June 1, 2019
Can my wife still claim herself as a dependent on her filing if I file head of household?
Employee
June 1, 2019

You can file as head of household (and save a lot on taxes) if you paid more than half the cost of maintaining a home, and if you supported a child dependent who lived with you in that home.

If you are getting an error message "the box saying she hasn't lived with me during 2015 cannot be checked" that may be a dependent error rather than a spouse error.  Go back to the personal info page and see if it lists your child as "dependent" or something else.  If not "dependent", delete your child and re-enter her going through the interview again.

If you daughter does NOT live with you more than half the year, you can not file as head of household even if you are allowed to claim her as a dependent.

Your (separated) wife must file as married filing separately if she has no child dependent to claim.  She would be entitled to her own personal exemption but she is never  her own dependent.