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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 (241-245):
tndsmomma28
by Gold Member on Jan. 13, 2013 at 1:35 PM
1 mom liked this

It just seems so stupid to refuse to inform yourself.  She's been told what the law is, she has the ability to look for herself to confirm it.  To continue to do something that is against the law and can harm her in the long run is just...stupid and ridiculous.

Quoting RobinBright:

Some people don't want to understand because they don't want to admit that they have made mistakes, or accept the fact that they aren't entitled to the higher refund that HOH earns.  I copied and pasted the very, very simple quote from the IRS that explains HOH, but she still wants to argue.  It doesn't get much more "qualified" than the IRS.  Her problem.  

Quoting tndsmomma28:

I really don't understand why you are so determined to disagree with this.  You could go to the IRS website yourself and see what the actual tax laws are.  You would find this information out for yourself, which would clear everything up.  Why not do a little research and inform yourself?  You don't have to believe what "some yahoo" found on the internet.  Educate yourself and save yourself the trouble of an audit (or worse).

Quoting BluePandaDreams:

I wasn't aware this was a pissing contes to see who knows the most about tax law. But it's all good. I don't listen to anybody on here anyways. Besides, I will be getting my taxes done later this month and will ask someone I know is qualified to clear this up.


La_Vie_en_R0se
by Gold Member on Jan. 13, 2013 at 1:51 PM
You would be married filing jointly most likely. Your family would have 5 exemptions. One for himself, one for you, and one for each of your three dependent children.


Quoting aprilsalcro:

Can someone please help me out with my question. How many dependents do we put. Married ,we have three kids. I'm 23 no income sahm. Does he claim me ? Is it 3 or 4 dependents? Thanks

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La_Vie_en_R0se
by Gold Member on Jan. 13, 2013 at 1:54 PM
He could be withholding taxes on his W4 at the head of household rate. That is not the same thing as filing your taxes as HOH. I'm not sure why he would elect to do that, but it is possible that is what you are referring to.


Quoting BraydensMama163:

Oh. We never paid attention before. Dh says he's always been told to check hoh cause he is. He could be wrong though. He doesn't pay much attention to it and I never go file with him. I just go and sign. But all out paperwork states we are married so how he's done it the last two years is weird ....



Quoting RobinBright:

You must meet all of the requirements, not just one or another.  The filer must be unmarried.  

I'm not sure what you mean that you never knew about this-- you didn't know that he was listed as HOH?  Or you didn't know that it is illegal?  Just my two cents, I wouldn't sign or send tax forms without going over them and understanding them.  Even if a professional completes them, you and/or DH are financially responsible for any mistakes.  



Quoting BraydensMama163:

Your definition says or you pay yo keep up a house and something about 50 percent.





So does that mean if your married you can file hoh if you alone are totally responsible for the home? Cause they put dh down ad hog every year. Not him. We never knew about this.






Quoting RobinBright:

HOH is head of household. It is for people filing single who have dependents who they support more than 51%. The requirements explicitly state that married couples are not eligible to file head of household.



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aprilsalcro
by Platinum Member on Jan. 13, 2013 at 2:29 PM
Thanks. I didn't know he can claim himself

Quoting La_Vie_en_R0se:

You would be married filing jointly most likely. Your family would have 5 exemptions. One for himself, one for you, and one for each of your three dependent children.




Quoting aprilsalcro:

Can someone please help me out with my question. How many dependents do we put. Married ,we have three kids. I'm 23 no income sahm. Does he claim me ? Is it 3 or 4 dependents? Thanks

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La_Vie_en_R0se
by Gold Member on Jan. 13, 2013 at 5:08 PM
No problem. A family of 5 would be able to deduct $19K from their adjusted gross income, since the per person deduction is $3800 this year. $3800 X 5 = $19K.



Quoting aprilsalcro:

Thanks. I didn't know he can claim himself



Quoting La_Vie_en_R0se:

You would be married filing jointly most likely. Your family would have 5 exemptions. One for himself, one for you, and one for each of your three dependent children.







Quoting aprilsalcro:

Can someone please help me out with my question. How many dependents do we put. Married ,we have three kids. I'm 23 no income sahm. Does he claim me ? Is it 3 or 4 dependents? Thanks




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