Thursday, December 31, 2009

Can I claim head of household along with my husband if we stayed apart for the whole year?

He is in Iraq (military ) I was told we both can file head of household;since we did not stay in same household. We have 3 kids two in college and one in day care. I believe us filling separate will help us with fsfa.Can I claim head of household along with my husband if we stayed apart for the whole year?
No.





Being deployed is considered a ';Temporary Absence'; and does not qualify you for Head of Household.





Your choices would be ';Married-Filing Jointly'; or ';Married-Filing Separately';.Can I claim head of household along with my husband if we stayed apart for the whole year?
You cannot both file as head of household unless (1) you are each maintaining a separate household and (2) the household that each of your maintains is the main home of your child. I understand all three children to be living with you while your husband is in IRAQ. So you could file head of household (if all the other requirements are met) and your husband could file married filing separately.





Or you can file jointly. Since he is in a combat zone you can file a tax return and sign it and attach a note that you are signing for your spouse in a combat zone.





Richard K


Master Tax Advisor


HR Block





This advice is based upon the law in effect at the time it was written as it applies to the facts provided by you. See my profile for more information.
Dear S: You can not file HOH. If you separate due to marital issues and do not live together for the last 6 months of the year you can be considered single for tax purposes and then HOH would be an option.





Remember military pay coded ';Q'; is not taxable.





Also college expenses are deductible on form 8863.





Day care is deductible on form 2441.





This advice was prepared based on our understanding of the tax law in effect at the time it was written as it applies to the facts you provided. Click on my profile to read more. Errol Quinn Enrolled Agent Master Tax Advisor
No you file married filing jointly. Filing separate will not help you with fafsa (student loans and grants) not claiming them at all make them eligible for more money. What you are planning on doing is only going to get you audited and fined for filing false information, and flag your return

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