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A preemptive PSA for the upcoming onslaught of tax posts: if you are married, neither you nor your spouse can file HOH. Being a SAHM with no income does not change this. Married people can't file HOH. It's illegal. K?

Edit: here you go, directly from IRS publication 501, which explains the filing categories. Note that you must meet ALL three requirements.

"Head of Household

You may be able to file as head of household if you meet all the following requirements.

You are unmarried or “considered unmarried” on the last day of the year.

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

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. See Special rule for parent , later, under Qualifying Person."
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by on Jan. 12, 2013 at 6:27 PM
Replies (21-30):
RobinBright
by Platinum Member on Jan. 12, 2013 at 6:48 PM
No. See the above citation from the IRS.


Quoting Kaelaasmom:

Actually, you are incorrect. As long as there is a qualifying dependent, like a child, a married person CAN file HOH.

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malibucj
by Gold Member on Jan. 12, 2013 at 6:49 PM
1 mom liked this

Yes, but a lot of people consider theirself married until the divorce is final. Just thought that needed to be said for some people who thought that way.

Quoting RobinBright:

That is considered unmarried by the IRS.


Quoting malibucj:

It's not illegal if you have been separated for 6 months out of that year and provided over 50%. Even if still "legally" married. You just have to have been separated 6 months.



RobinBright
by Platinum Member on Jan. 12, 2013 at 6:50 PM
Every year you have paid them to file incorrectly. The IRS code is quoted in the OP. HOH matters because you are held to a lower tax rate that a married filer.


Quoting Raveyk:

We have out taxes done professionally at H&R block every year and they always list one of us as HOH. So how is this illegal? And if it is why would so many professional well know tax preparers do it? They back you on every tax prep they do so I'm perfectly secure with how they file my taxes. What difference does it make when someone is listed as HOH anyway?


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RobinBright
by Platinum Member on Jan. 12, 2013 at 6:51 PM
Yep. If you get caught, good luck. They can hold you responsible for the amount you underpaid.


Quoting Anonymous:

Well, I have been breaking the law via my accountant for 16 years.

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TrouserMouse
by Emerald Member on Jan. 12, 2013 at 6:51 PM
1 mom liked this

 Yes, and if you consider yourself in a relationship, but are still single living together as married...you cannot both file HoH. 

Kaelaasmom
by Katie on Jan. 12, 2013 at 6:53 PM

 http://www.irs.gov/pub/irs-pdf/p501.pdf

 

Table 4 clearly says that a child is a qualifying person.

Quoting RobinBright:

No. See the above citation from the IRS.


Quoting Kaelaasmom:

Actually, you are incorrect. As long as there is a qualifying dependent, like a child, a married person CAN file HOH.

 

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RobinBright
by Platinum Member on Jan. 12, 2013 at 6:56 PM
That's not the issue. Of course a child is a dependent. The problem is that the criteria clearly state that you must be unmarried or considered unmarried by IRS standards. Again, read the code cited in the op.


Quoting Kaelaasmom:

 http://www.irs.gov/pub/irs-pdf/p501.pdf


 


Table 4 clearly says that a child is a qualifying person.


Quoting RobinBright:

No. See the above citation from the IRS.



Quoting Kaelaasmom:

Actually, you are incorrect. As long as there is a qualifying dependent, like a child, a married person CAN file HOH.


 


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Anonymous
by Anonymous on Jan. 12, 2013 at 6:59 PM
So since I'm going to school and under the age of 24, can he claim me as a dependent?
Anonymous
by Anonymous on Jan. 12, 2013 at 6:59 PM
Why do married people want to claim hoh anyhow? Married is a bigger deduction. If I would've married last year my return would be $1000 more than unmarried.

The stupidity of people never ceases to amaze me.
Anonymous
by Anonymous on Jan. 12, 2013 at 7:00 PM
2 moms liked this
You have to meet ALL of the requirements. Not just one of them.

Quoting Kaelaasmom:

 http://www.irs.gov/pub/irs-pdf/p501.pdf


 


Table 4 clearly says that a child is a qualifying person.


Quoting RobinBright:

No. See the above citation from the IRS.



Quoting Kaelaasmom:

Actually, you are incorrect. As long as there is a qualifying dependent, like a child, a married person CAN file HOH.


 

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