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November 20, 2020
Question

My husband and I maintain separate residences in separate states throughout the year. Can I claim head of household for the tax year? Our newborn arrived in December?

  • November 20, 2020
  • 1 reply
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1 reply

DoninGA
Employee
November 20, 2020

Yes, you should be able to have Head of Household filing status if you are not filing as Married Filing Jointly.  

See this TurboTax support FAQ for HOH when married - https://ttlc.intuit.com/community/married/help/can-a-married-person-claim-head-of-household-filing-status/01/26366

Hal_Al
Employee
November 20, 2020

Yes.  If you use HOH, your spouse must file as MFS, unless he has a separate qualifying child.

 

But. you are allowed to file as MFJ, even though you are living apart.  See 

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