How is head of household determined




















If you can claim the standard deduction, your basic standard deduction is half the amount allowed on a joint return. If your AGI on a separate return is lower than it would have been on a joint return, you may be able to deduct a larger amount for certain deductions that are limited by AGI, such as medical expenses.

You may not be able to deduct all or part of your contributions to a traditional IRA if you or your spouse were covered by an employee retirement plan at work during the year. Your deduction is reduced or eliminated if your income is more than a certain amount. This amount is much lower for married individuals who file separately and lived together at any time during the year. This is called a special allowance. However, married persons filing separate returns who lived together at any time during the year can't claim this special allowance.

See Rental Activities in Pub. If you live in a community property state and file separately, your income may be considered separate income or community income for income tax purposes. You can change your filing status from a separate return to a joint return by filing an amended return using Form X. You can generally change to a joint return any time within 3 years from the due date of the separate return or returns.

This doesn't include any extensions. A separate return includes a return filed by you or your spouse claiming married filing separately, single, or head of household filing status. Once you file a joint return, you can't choose to file separate returns for that year after the due date of the return. A personal representative for a decedent can change from a joint return elected by the surviving spouse to a separate return for the decedent. The personal representative has 1 year from the due date including extensions of the return to make the change.

You are unmarried or considered unmarried on the last day of the year. See Marital Status , earlier, and Considered Unmarried , later. 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 doesn't have to live with you. See Special rule for parent , later, under Qualifying Person. If you qualify to file as head of household, your tax rate will usually be lower than the rates for single or married filing separately.

You will also receive a higher standard deduction than if you file as single or married filing separately. Indicate your choice of this filing status by checking the "Head of household" box on the Filing Status line at the top of Form or SR.

If the child who qualifies you for this filing status isn't claimed as your dependent in the Dependents section of Form or SR, enter the child's name in the entry space at the bottom of the Filing Status section. To qualify for head of household status, you must be either unmarried or considered unmarried on the last day of the year. You are considered unmarried on the last day of the tax year if you meet all the following tests.

You file a separate return. A separate return includes a return claiming married filing separately, single, or head of household filing status. Your spouse didn't live in your home during the last 6 months of the tax year. Your spouse is considered to live in your home even if he or she is temporarily absent due to special circumstances. See Temporary absences , later. Your home was the main home of your child, stepchild, or foster child for more than half the year.

See Home of qualifying person , later, for rules applying to a child's birth, death, or temporary absence during the year. You must be able to claim the child as a dependent. However, you meet this test if you can't claim the child as a dependent only because the noncustodial parent can claim the child using the rules described, later, in Children of divorced or separated parents or parents who live apart under Qualifying Child or in Support Test for Children of Divorced or Separated Parents or Parents Who Live Apart under Qualifying Relative.

The general rules for claiming a child as a dependent are explained, later, under Dependents. If you were considered married for part of the year and lived in a community property state listed, earlier, under Married Filing Separately , special rules may apply in determining your income and expenses. You are considered unmarried for head of household purposes if your spouse was a nonresident alien at any time during the year and you don't choose to treat your nonresident spouse as a resident alien.

However, your spouse isn't a qualifying person for head of household purposes. You must have another qualifying person and meet the other tests to be eligible to file as head of household.

You are considered married if you choose to treat your spouse as a resident alien. To qualify for head of household status, you must pay more than half of the cost of keeping up a home for the year. You can determine whether you paid more than half of the cost of keeping up a home by using Worksheet 1. Include in the cost of keeping up a home expenses such as rent, mortgage interest, real estate taxes, insurance on the home, repairs, utilities, and food eaten in the home.

Don't include the cost of clothing, education, medical treatment, vacations, life insurance, or transportation. Also don't include the value of your services or those of a member of your household.

See Table 4 to see who is a qualifying person. Any person not described in Table 4 isn't a qualifying person. Your unmarried son lived with you all year and was 18 years old at the end of the year. He didn't provide more than half of his own support and doesn't meet the tests to be a qualifying child of anyone else. As a result, he is your qualifying child see Qualifying Child , later and, because he is single, your qualifying person for head of household purposes.

Because he doesn't meet the age test explained, later, under Qualifying Child , your son isn't your qualifying child. Because he doesn't meet the gross income test explained, later, under Qualifying Relative , he isn't your qualifying relative. As a result, he isn't your qualifying person for head of household purposes. Your girlfriend lived with you all year. Even though she may be your qualifying relative if the gross income and support tests explained later are met, she isn't your qualifying person for head of household purposes because she isn't related to you in one of the ways listed under Relatives who don't have to live with you.

See Table 4. The facts are the same as in Example 3 except your girlfriend's year-old son also lived with you all year. He isn't your qualifying child and, because he is your girlfriend's qualifying child, he isn't your qualifying relative see Not a Qualifying Child Test , later. Generally, the qualifying person must live with you for more than half of the year. If your qualifying person is your father or mother, you may be eligible to file as head of household even if your father or mother doesn't live with you.

However, you must be able to claim your father or mother as a dependent. Also, you must pay more than half the cost of keeping up a home that was the main home for the entire year for your father or mother. If you pay more than half the cost of keeping your parent in a rest home or home for the elderly, that counts as paying more than half the cost of keeping up your parent's main home.

You may be eligible to file as head of household even if the qualifying person who qualifies you for this filing status is born or dies during the year. To qualify you for head of household filing status, the qualifying person as defined in Table 4 must be one of the following. Your qualifying child or qualifying relative who lived with you for more than half the part of the year he or she was alive.

Your parent for whom you paid, for the entire part of the year he or she was alive, more than half the cost of keeping up the home he or she lived in. You are unmarried. Your mother, who you claim as a dependent, lived in an apartment by herself. She died on September 2. Your brother made no other payments toward your mother's support. Your mother had no income.

Because you paid more than half of the cost of keeping up your mother's apartment from January 1 until her death, and you can claim her as a dependent, you can file as head of household. You and your qualifying person are considered to live together even if one or both of you are temporarily absent from your home due to special circumstances such as illness, education, business, vacation, military service, or detention in a juvenile facility.

It must be reasonable to assume the absent person will return to the home after the temporary absence. You must continue to keep up the home during the absence. You may be eligible to file as head of household even if the child who is your qualifying person has been kidnapped. You can claim head of household filing status if all the following statements are true.

The child is presumed by law enforcement authorities to have been kidnapped by someone who isn't a member of your family or the child's family. In the year of the kidnapping, the child lived with you for more than half the part of the year before the kidnapping.

You would have qualified for head of household filing status if the child hadn't been kidnapped. This treatment applies for all years until the earlier of:.

If your spouse died in , you can use married filing jointly as your filing status for if you otherwise qualify to use that status. The year of death is the last year for which you can file jointly with your deceased spouse. See Married Filing Jointly , earlier.

You may be eligible to use qualifying widow er as your filing status for 2 years following the year your spouse died. For example, if your spouse died in and you haven't remarried, you may be able to use this filing status for and The rules for using this filing status are explained in detail here. This filing status entitles you to use joint return tax rates and the highest standard deduction amount if you don't itemize deductions. It doesn't entitle you to file a joint return.

Indicate your choice of this filing status by checking the "Qualifying widow er " box on the Filing Status line at the top of Form or SR.

You are eligible to file your return as a qualifying widow er if you meet all the following tests. You were entitled to file a joint return with your spouse for the year your spouse died.

It doesn't matter whether you actually filed a joint return. Your spouse died in or and you didn't remarry before the end of You have a child or stepchild not a foster child whom you can claim as a dependent or could claim as a dependent except that, for This child lived in your home all year, except for temporary absences.

See Temporary absences , earlier, under Head of Household. There are also exceptions, described later, for a child who was born or died during the year and for a kidnapped child. You paid more than half the cost of keeping up a home for the year. John's wife died in John hasn't remarried. He has continued during and to keep up a home for himself and his child who lives with him and who he can claim as a dependent.

For , he was entitled to file a joint return for himself and his deceased wife. For and , he can file as a qualifying widower. After , he can file as head of household if he qualifies. You may be eligible to file as a qualifying widow er if the child who qualifies you for this filing status is born or dies during the year.

You must have provided more than half of the cost of keeping up a home that was the child's main home during the entire part of the year he or she was alive. You may be eligible to file as a qualifying widow er even if the child who qualifies you for this filing status has been kidnapped.

You can claim qualifying widow er filing status if all the following statements are true. You would have qualified for qualifying widow er filing status if the child had not been kidnapped. As mentioned earlier, this filing status is available for only 2 years following the year your spouse died. All the requirements for claiming a dependent are summarized in Table 5. You can't claim any dependents if you, or your spouse if filing jointly, could be claimed as a dependent by another taxpayer.

You can't claim a married person who files a joint return as a dependent unless that joint return is filed only to claim a refund of withheld income tax or estimated tax paid.

You can't claim a person as a dependent unless that person is a U. You can't claim a person as a dependent unless that person is your qualifying child or qualifying relative. The child must be your son, daughter, stepchild, foster child, brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant of any of them.

The child must be a under age 19 at the end of the year and younger than you or your spouse if filing jointly , b under age 24 at the end of the year, a student, and younger than you or your spouse if filing jointly , or c any age if permanently and totally disabled. The child must not be filing a joint return for the year unless that joint return is filed only to claim a refund of withheld income tax or estimated tax paid. The person either a must be related to you in one of the ways listed under Relatives who don't have to live with you , or b must live with you all year as a member of your household 2 and your relationship must not violate local law.

You may be entitled to a child tax credit for each qualifying child who was under age 17 at the end of the year if you claimed that child as a dependent. For more information, see the Instructions for Forms and SR. You may be entitled to a credit for other dependents for each qualifying child who does not qualify you for the child tax credit and for each qualifying relative.

Even if you have a qualifying child or qualifying relative, you can claim that person as a dependent only if these three tests are met. Dependent taxpayer test. Joint return test. Citizen or resident test. If you can be claimed as a dependent by another taxpayer, you can't claim anyone else as a dependent. Even if you have a qualifying child or qualifying relative, you can't claim that person as a dependent. If you are filing a joint return and your spouse can be claimed as a dependent by another taxpayer, you and your spouse can't claim any dependents on your joint return.

You can claim a person as a dependent who files a joint return if that person and his or her spouse file the joint return only to claim a refund of income tax withheld or estimated tax paid. You supported your year-old daughter, and she lived with you all year while her husband was in the Armed Forces.

The couple files a joint return. You can't claim your daughter as a dependent. Example 2—child files joint return only as claim for refund of withheld tax. They lived with you all year. Neither is required to file a tax return. They don't have a child. Taxes were taken out of their pay so they file a joint return only to get a refund of the withheld taxes.

The exception to the joint return test applies, so you aren't disqualified from claiming each of them as a dependent just because they file a joint return. You can claim each of them as dependents if all the other tests to do so are met. Example 3—child files joint return to claim American opportunity credit. The facts are the same as in Example 2 except no taxes were taken out of your son's pay or his wife's pay. Because claiming the American opportunity credit is their reason for filing the return, they aren't filing it only to get a refund of income tax withheld or estimated tax paid.

The exception to the joint return test doesn't apply, so you can't claim either of them as a dependent. You generally can't claim a person as a dependent unless that person is a U.

However, there is an exception for certain adopted children, as explained next. This exception also applies if the child was lawfully placed with you for legal adoption and the child lived with you for the rest of the year after placement.

Children usually are citizens or residents of the country of their parents. If you were a U. Foreign students brought to this country under a qualified international education exchange program and placed in American homes for a temporary period generally aren't U. You can't claim them as dependents. However, if you provided a home for a foreign student, you may be able to take a charitable contribution deduction.

Relationship ,. Age ,. Residency ,. Support , and. Joint return. If a child meets the five tests to be the qualifying child of more than one person, there are rules you must use to determine which person can actually treat the child as a qualifying child. Your son, daughter, stepchild, foster child, or a descendant for example, your grandchild of any of them; or.

Your brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant for example, your niece or nephew of any of them. An adopted child is always treated as your own child. The term "adopted child" includes a child who was lawfully placed with you for legal adoption. A foster child is an individual who is placed with you by an authorized placement agency or by judgment, decree, or other order of any court of competent jurisdiction.

A student under age 24 at the end of the year and younger than you or your spouse if filing jointly , or. Your son turned 19 on December Unless he was permanently and totally disabled or a student, he doesn't meet the age test because, at the end of the year, he wasn't under age To be your qualifying child, a child who isn't permanently and totally disabled must be younger than you. However, if you are married filing jointly, the child must be younger than you or your spouse but doesn't have to be younger than both of you.

Example 1—child not younger than you or your spouse. Your year-old brother, who is a student and unmarried, lives with you and your spouse, who provide more than half of his support. He isn't disabled. Both you and your spouse are 21 years old, and you file a joint return.

Your brother isn't your qualifying child because he isn't younger than you or your spouse. Example 2—child younger than your spouse but not younger than you. The facts are the same as in Example 1 except your spouse is 25 years old.

Because your brother is younger than your spouse and you and your spouse are filing a joint return, your brother is your qualifying child, even though he isn't younger than you.

To qualify as a student, your child must be, during some part of each of any 5 calendar months of the year:. A full-time student at a school that has a regular teaching staff, course of study, and a regularly enrolled student body at the school; or. A student taking a full-time, on-farm training course given by a school described in 1 , or by a state, county, or local government agency.

A full-time student is a student who is enrolled for the number of hours or courses the school considers to be full-time attendance. A school can be an elementary school, junior or senior high school, college, university, or technical, trade, or mechanical school. However, an on-the-job training course, correspondence school, or school offering courses only through the Internet doesn't count as a school.

Students who work on "co-op" jobs in private industry as a part of a school's regular course of classroom and practical training are considered full-time students. Your child is permanently and totally disabled if both of the following apply. He or she can't engage in any substantial gainful activity because of a physical or mental condition.

A doctor determines the condition has lasted or can be expected to last continuously for at least a year or can lead to death. To meet this test, your child must have lived with you for more than half the year. There are exceptions for temporary absences, children who were born or died during the year, kidnapped children, and children of divorced or separated parents. Your child is considered to have lived with you during periods of time when one of you, or both, are temporarily absent due to special circumstances, such as:.

A child who was born or died during the year is treated as having lived with you more than half the year if your home was the child's home more than half the time he or she was alive during the year.

The same is true if the child lived with you more than half the year except for any required hospital stay following birth. You may be able to claim as a dependent a child born alive during the year, even if the child lived only for a moment. State or local law must treat the child as having been born alive. There must be proof of a live birth shown by an official document, such as a birth certificate. The child must be your qualifying child or qualifying relative, and all the other tests to claim the child as a dependent must be met.

You can treat your child as meeting the residency test even if the child has been kidnapped, but the following statements must be true. In the year the kidnapping occurred, the child lived with you for more than half of the part of the year before the date of the kidnapping.

Children of divorced or separated parents or parents who live apart. In most cases, because of the residency test, a child of divorced or separated parents is the qualifying child of the custodial parent. However, the child will be treated as the qualifying child of the noncustodial parent if all four of the following statements are true. Are divorced or legally separated under a decree of divorce or separate maintenance,.

Lived apart at all times during the last 6 months of the year, whether or not they are or were married. The child received over half of his or her support for the year from the parents. The child is in the custody of one or both parents for more than half of the year.

The custodial parent signs a written declaration, discussed later, that he or she won't claim the child as a dependent for the year, and the noncustodial parent attaches this written declaration to his or her return.

If the decree or agreement went into effect after and before , see Post and pre divorce decree or separation agreement , later. If the decree or agreement went into effect after , see Post divorce decree or separation agreement , later. If statements 1 through 4 are all true, only the noncustodial parent can:. Claim the child as a qualifying child for the child tax credit or the credit for other dependents. The custodial parent or another taxpayer, if eligible, can claim the child for the earned income credit.

The custodial parent is the parent with whom the child lived for the greater number of nights during the year. The other parent is the noncustodial parent.

If the parents divorced or separated during the year and the child lived with both parents before the separation, the custodial parent is the one with whom the child lived for the greater number of nights during the rest of the year. A child is treated as living with a parent for a night if the child sleeps:.

In the company of the parent, when the child doesn't sleep at a parent's home for example, the parent and child are on vacation together. If the child lived with each parent for an equal number of nights during the year, the custodial parent is the parent with the higher adjusted gross income AGI.

The night of December 31 is treated as part of the year in which it begins. For example, the night of December 31, , is treated as part of If a child is emancipated under state law, the child is treated as not living with either parent.

See Examples 5 and 6. If a child wasn't with either parent on a particular night because, for example, the child was staying at a friend's house , the child is treated as living with the parent with whom the child normally would have lived for that night, except for the absence.

But if it can't be determined with which parent the child normally would have lived or if the child would not have lived with either parent that night, the child is treated as not living with either parent that night.

If, due to a parent's nighttime work schedule, a child lives for a greater number of days, but not nights, with the parent who works at night, that parent is treated as the custodial parent. On a school day, the child is treated as living at the primary residence registered with the school. Example 1—child lived with one parent for a greater number of nights. In , your child lived with you nights and with the other parent nights. If you support your mother or father, but they did not live with you, you may still be able to claim them as a Qualifying Person for the Head of Household filing status.

In order to do this, you must be able to claim them as your dependent, and you must have paid more than half the cost of keeping up the home in which they lived for the entire year. If your parent lived in a rest home, nursing home, or home for the elderly, you are considered to have kept up their main home if you paid more than half of the cost of them living there.

If you can claim someone as a dependent only because of a multiple support agreement where several people provide someone's support , then you cannot count them as a Qualifying Person for Head of Household status. Yes, there is a rule for this. If your Qualifying Person is a child who was kidnapped, and thus did not live with you, you are still entitled to file as Head of Household if the following 3 statements are true:. If multiple years pass before the child is recovered, you may file as Head of Household for each year in which the above statements hold true, until the year during which the child would turn 18, or until the child is determined to be deceased.

It is easy to file as Head of Household on eFile. Choosing your filing status is one of the first things you do when you start preparing your tax return. When you claim the Head of Household filing status, we will report that filing status on your tax return. Get Your Tax Refund Date. What is DocuClix? Security About eFile. Where Is My Refund?

How to Check Refund Status efile. Mailing Addresses Contact eFile. Sign In Start Now. Filing Status. It stands to reason that claims for head-of-household status made predominantly by lower-income taxpayers may not be a top tax enforcement priority for the IRS. However, the government has clearly flagged the issue, meaning that all taxpayers should be sure get their houses in order. Skip Navigation. Key Points. They also benefit from wider tax brackets on lower income levels, among other benefits.

Suspecting abuse, Congress recently required tax preparers to get documentation that qualifies someone to be a head of household. To claim head-of-household status, you must be legally single, pay more than half of household expenses and have either a qualified dependent living with you for at least half the year or a parent for whom you pay more than half their living arrangements. Create a personalised ads profile. Select personalised ads. Apply market research to generate audience insights.

Measure content performance. Develop and improve products. List of Partners vendors. Taxpayers may file tax returns as head of household HOH if they pay more than half the cost of supporting and housing a qualifying person.

Taxpayers eligible to classify themselves as an HOH get higher standard deductions and lower tax rates than taxpayers who file as single or married filing separately. HOH is a filing status available to taxpayers who meet certain qualifying thresholds. They must file separate individual tax returns, be considered unmarried, and be entitled to an exemption for a qualifying person, such as a child or parent. To be considered unmarried, the HOH must be single, divorced, or regarded as unmarried.

For example, married taxpayers would be regarded as unmarried if they did not live with their spouse during the last six months of the tax year. The status is further reliant on the HOH meeting either of these two requirements:. The HOH must also pay more than one-half of the rent or mortgage, utilities, repairs, insurance, taxes, and other costs of maintaining the home where the qualifying person lives for more than half of the year.

Back when there was one, HOH filers had to be able to claim an exemption for their qualifying person. Taxpayers could release their exemption to a noncustodial parent in a divorce proceeding or a legal separation agreement and remain eligible to file as an HOH.



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