Pub. 17, Chapter 2 - Filing Status
You may be able to file as head of household if you meet all of 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 must live with you in the home for more
than half the year (except for temporary absences, such as school).
However, your dependent parent does not have to live with you. See
Special rule for parent, later.
If
you qualify to file as head of household, your tax rate usually will
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.
How to file.
If you file as head of household, you can use either Form 1040A or
Form 1040. Indicate your choice of this filing status by checking the
box on line 4 of either form. Use the Head of a household
column of the Tax Table, or Schedule Z of the Tax
Rate Schedules, to figure your tax.
Considered Unmarried
You are considered unmarried on the last day of the year if you are
legally separated from your spouse, according to your state law, under
a divorce or separate maintenance decree.
You are also considered unmarried on the last day of the tax year
if you meet all of the following tests.
- You file a separate return.
- You paid more than half the cost of keeping up your home for
the tax year.
- Your spouse did not 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
adopted child for more than half the year or was the main home of your
foster child for the entire 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 an exemption for the child.
However, you can still meet this test if you cannot claim the
exemption only because the noncustodial parent is allowed to claim the
exemption for the child. See Noncustodial parent in chapter 3
for situations where the noncustodial parent is allowed to claim the
exemption for the child.
The general rules to claim an exemption for a dependent are
explained in chapter 3.
If
you were considered married for part of the year and lived in a community
property state (listed earlier under Separate Returns), special rules
may apply in determining your income and expenses. See Publication
555 for more information.
Nonresident alien spouse.
You are considered unmarried for head of household purposes if your
spouse was a nonresident alien at any time during the year and you do
not choose to treat your nonresident spouse as a resident alien.
However, your spouse is not 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 a head of household.
Earned income credit.
Even if you are considered unmarried for head of household purposes
because you are married to a nonresident alien, you may still be
considered married for purposes of the earned income credit (unless
you meet the five tests listed earlier). In that case, you will not be
entitled to the credit unless you file a joint return with your spouse
and meet other qualifications. See Publication 596,
Earned Income
Credit, for more information.
Choice to treat spouse as resident.
You are considered married if you choose to treat your spouse as a
resident alien.
Keeping Up a Home
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 the Cost of Keeping Up a Home worksheet, shown later.
Costs you include.
Include in the cost of upkeep expenses such as rent, mortgage
interest, real estate taxes, insurance on the home, repairs,
utilities, and food eaten in the home.
Costs you do not include.
Do not include in the cost of upkeep expenses such as clothing,
education, medical treatment, vacations, life insurance, or
transportation. Also, do not include the rental value of a home you
own or the value of your services or those of a member of your
household.
Cost of Keeping Up a Home
|
|
|
Amount You |
Total |
|
Paid |
Cost |
Property taxes |
$ |
$ |
Mortgage interest expense |
|
|
Rent |
|
|
Utility charges |
|
|
Upkeep and repairs |
|
|
Property insurance |
|
|
Food consumed on the premises |
|
|
Other household expenses |
|
|
Totals |
$ |
$ |
Minus total amount you paid |
|
( ) |
Amount others paid |
|
$ |
If the total amount you paid is more than the amount others paid,
you meet the requirement of paying more than half the cost of keeping up the home.
|
If the total amount you paid is more than the
amount others paid, you meet the requirement of paying more than half
the cost of keeping up the home.
Qualifying Person
See Table 2-1 to see who is a qualifying person.
Home of qualifying person.
Generally, the qualifying person must live with you for more than
half the year.
Special rule for parent.
You may be eligible to file as head of household even if the parent
for whom you can claim an exemption does not live with you. 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. You are
keeping up a main home 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.
Temporary absences.
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,
and military service. It must be reasonable to assume that the absent
person will return to the household after the temporary absence. You
must continue to keep up the home during the absence.
Death or birth.
You may be eligible to file as head of household if the individual
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 individual's main home for more than half the
year, or, if less, the period during which the individual lived.
Example.
You are unmarried. Your mother, for whom you can claim an
exemption, lived in an apartment by herself. She died on September 2.
The cost of the upkeep of her apartment for the year until her death
was $6,000. You paid $4,000 and your brother paid $2,000. Your brother
made no other payments toward your mother's support. Your mother had
no income. Because you paid more than half the cost of keeping up your
mother's apartment from January 1 until her death, and you can claim
an exemption for her, you can file as a head of household.
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