Skip to main content
December 26, 2023
Solved

I am leagally married, but spouse has no income and I have been head of this household all year. Can I file head of household?

  • December 26, 2023
  • 2 replies
  • 0 views
No text available
Best answer by rjs

The head of household filing status on a tax return does not mean that you are the breadwinner or the person in charge of the household. Head of household is a special filing status for a single person with a child. If you are married and live with your spouse you cannot file as head of household.


There is no reason that you should want to file as head of household. It's not the best filing status. If you file as married filing jointly you will pay less tax or get a bigger refund.

 

2 replies

Critter-3
December 26, 2023

NO ... you file a joint return even if the spouse has no income.  To do anything else is to pay more in taxes than you need too.  HOH requires that you (1) do not live with your spouse and (2) that you have a qualifying dependent and your spouse cannot be that dependent. 

rjs
rjsAnswer
Employee
December 26, 2023

The head of household filing status on a tax return does not mean that you are the breadwinner or the person in charge of the household. Head of household is a special filing status for a single person with a child. If you are married and live with your spouse you cannot file as head of household.


There is no reason that you should want to file as head of household. It's not the best filing status. If you file as married filing jointly you will pay less tax or get a bigger refund.