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Can I (the wife) file as Head of Household if my husband does not make an income?

Forum|Forum|6 years ago
June 1, 2019
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Can I (the wife) file as Head of Household if my husband does not make an income? If yes, do I file as "Married filing separate" or "Married filing Jointly"? Does he have to file if he has no income?

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Best answer by Hal_Al

Married filing Jointly (MFJ), even if one spouse has no income, is better than filing as Head of Household (HoH) or Married filing separately (MFS).

"Does he have to file, even if he has no income?" Technically, no (unless you live in a community property state). But in order to allow you (the spouse with the income) to use the best filing status (MFJ), he has to file with you. A spouse cannot be claimed as a dependent; he can only be claimed as a co-filing spouse.

As others have said. you are not allowed to use Head of Household filing status, in your situation.

In addition to all the other already stated reasons that you should file MFJ, you will pay less tax on your income. For example, the tax on $50,000 of taxable income* (from the IRS 2015 tax tables) is:
Single: $8300

HoH: $6846

MFS: $8300

MFJ: $6581

*"Taxable income" is the amount you pay income tax on after all deductions, exemption, adjustments and tax credits.

Hal_AlAnswer

Married filing Jointly (MFJ), even if one spouse has no income, is better than filing as Head of Household (HoH) or Married filing separately (MFS).

"Does he have to file, even if he has no income?" Technically, no (unless you live in a community property state). But in order to allow you (the spouse with the income) to use the best filing status (MFJ), he has to file with you. A spouse cannot be claimed as a dependent; he can only be claimed as a co-filing spouse.

As others have said. you are not allowed to use Head of Household filing status, in your situation.

In addition to all the other already stated reasons that you should file MFJ, you will pay less tax on your income. For example, the tax on $50,000 of taxable income* (from the IRS 2015 tax tables) is:
Single: $8300

HoH: $6846

MFS: $8300

MFJ: $6581

*"Taxable income" is the amount you pay income tax on after all deductions, exemption, adjustments and tax credits.

DoninGA

If you are married and living together in the same household you can only file a tax return with the status of Married Filing Jointly or Married Filing Separately. You would want to file as MFJ even if one spouse has little or no income. You receive the highest standard deduction of $12,600 and you each receive a personal exemption of $4,050 (2016).

O

ohbaby532Author

Does he have to file, even if he has no income?

O

Opus 17

Married filing separately means two separate returns, each one listing that spouse's income and deductions. If you decided to file separately, your spouse must file if their taxable income is more than $4000. Filing separately is a terrible status as many credits and deductions are limited or disallowed. A married couple can always file jointly if they agree, even if there is a large income gap. Married filing jointly means you file one return listing all your combined income and deductions.

Head of household is only for spouses who have been living separately since at least July 1 of the tax year. It is meant for marital separations but can also be used in cases of incarceration or overseas service.