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Level 5
March 22, 2024
Solved

Can Married Couple file "MFS" and "HOH"?

  • March 22, 2024
  • 3 replies
  • 11 views

Background:  I stayed and worked in OH state in 2023 while my wife lived in Maryland with our new baby. My question is:  Can I file my tax return as " Married filing separate" and My wife file her return with the babe which is " head of household" for 2023?    are there any requirements to do this for a married couple?

Many thanks!

 

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Best answer by BobKamman

If you never returned to Maryland once in the last six months of the year to see your wife and child, then you qualify for HOH ("Horrible Old Husband")

3 replies

qbteachmt
Level 15
March 22, 2024

Did you use your IRS resources:

https://www.irs.gov/help/ita/what-is-my-filing-status

ITA = wizards

Don't yell at us; we're volunteers
BobKamman
BobKammanAnswer
Level 15
March 22, 2024

If you never returned to Maryland once in the last six months of the year to see your wife and child, then you qualify for HOH ("Horrible Old Husband")

Level 15
March 23, 2024

I think the courts have applied the 'intent to return' test.

Is this meant as a temporary situation and you "intend to return" to living with her?  If so, I think HOH is not allowed.

Level 5
March 23, 2024

thank you so much bill!