Single & Head of Household (Filing Status)

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Today we’re going to discuss the four major filing statuses of your tax return – single, head of household, married filing jointly and married filing separately. If you’ve ever filled out your tax return, chances are you’ve had to decide which of these four applied to you. The decision really is between single vs. head of household or married filing jointly vs. married filing separately. A married couple, in general, will not file as a head of household and unmarried individuals cannot file jointly or separately as there is no one to file with!

This post will cover the decision process for picking single or head of household with a post covering married filing jointly vs. married filing separately to come in the afternoon.

Here’s one important protip about marital status and taxes: Your marital status on the last day of the year (December 31st) determines your marital status for the entire year. This is true for a lot of “status” related items – if your child is born on December 31st, they can be claimed on that year’s return. If you are unmarried, you have the option of picking single or head of household. If you are married, you must pick either married filing jointly or married filing separately.

Head of Household

The rules for claiming the Head of Household is very specific because it has to define what a household is (and then, of course, what makes you the “Head” of that household). The definition of the head of household from IRS Publication 501 is remarkably specific and you must be married or ‘considered unmarried’ for the year, paid more than half the upkeep for a home, and a “qualifying person” has lived with you for more than half the year, unless that qualifying person is a parent.

How can you be married and not file married filing jointly or separately? “Considered unmarried” is pretty broad and can mean that you are actually unmarried, legally separated under a divorce or separate maintenance decree, or you are still married but lived apart for at least the last six months of the year. Domestic partners are considered unmarried for federal tax purposes.

Your reward for being a Head of Household is a slightly larger standard deduction (HOH is $8,500 vs. $5,800 for single filers for 2010) and slightly more favorable tax rates:

Tax Bracket Single Head of Household
10% Bracket $0 – $8,500 $0 – $17,000 $0 – $12,150
15% Bracket $8,500 – $34,500 $12,150 – $46,250
25% Bracket $34,500 – $83,600 $46,250 – $119,400
28% Bracket $83,600 – $174,400 $119,400 – $193,350
33% Bracket $174,400 – $379,150 $193,350 – $379,150
35% Bracket $379,150+ $379,150+

One final note worth mentioning – if you are considered unmarried for HoH, you may still be considered married for the earned income credit so double check that.

Single Filer

If you are unmarried, live alone (or with someone a cousin or beyond in relation), and have no dependents, you are most definitely a single filer. 🙂 If you were once married and are now divorced or legally separated (as measured by the last day of the year), you can file as a single filer. If you were widowed and didn’t remarry before the end of the year, you are considered single as well. If you can file as Head of Household, do so because the tax brackets are larger.

Fortunately, if you are a single filer, you know this for sure and you don’t have all the complicated decision making a married person might have (married filing jointly? or separately?)!

{ 9 comments, please add your thoughts now! }

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9 Responses to “Single & Head of Household (Filing Status)”

  1. zapeta says:

    2010 is simple for me…single!

  2. Jason says:

    The “legally seperated” is not well defined for a “married” person attempting to file with a “single” status. All the general guidance does not provide the details for exceptions to the rule. If a married couple have been seperated and living in different states for years, can they each file as “single” or are they trapped filing Married Filing Seperately (no kids, so Head of Household is not an option).

  3. David says:

    Are you sure a domestic partner can be used as qualifying for HOH? I’m in CA and in Turbo Tax is lists several options for qualifying person, mainly a. dependent child, b. dependent relative, c. non dependent child, d. none of the above.

    Under help it says:

    You can file as head of household if you meet all of the following:

    – You are unmarried (or considered to be so) on the last day of the year.

    – You don’t qualify for the qualifying widow(er) filing status.

    – You paid more than half the cost to keep up your home during the tax year.

    – Your qualifying child lived with you for more than half the year or you have a dependent parent whom you supported.

  4. Bill says:

    Can two adults each with children live together and both file as HOH? Since we both have substantial incomes this would seem to save a lot in taxes over getting married.

  5. ethan says:

    will you get more of a refund if you file as head of household or single? cause im both.

    • Erica says:

      When i was a single mother living with my boyfriend and our kids, i always filed as the head of household and i also claimed our kids on my taxes because my boyfriend payed child support to his ex wife, so every year she would get his return which is why it was easier for me to claim our kids on my return. Head of House gives you an automiatic amount to get back. Not sure what the exact amount is, but you can only file as head of house if you live alone (ie not with parents). Hope this helps.

  6. Brenda says:

    My fiance and I live together with our 8 year old son. Since my salary is higher, I would be claiming HOH with dependant. However, he has already filed his taxes “single” with a non-dependant. Once I finished and filed my taxes, IRS has returned them with an error saying “the social security for the dependant you are claiming has already been used. Please correct.” Can a person filing as single claim a non-dependant? If I keep getting the same error, do I now need to file as single, no dependant?

    • Erica says:

      If your fiance already claimed the child, you can not. It would make sense for you to claim the child on your taxes since you are also claiming Head of Household. Since you two are not married yet, it would be wise to do the taxes this way. That is what my NOW husband and i did. I claimed head of house and put our kids on my return and i got more money back. He filed without claiming the kids because he gives his return to child support. That way we were able to get some money back during tax season. Hope this was helpful!

  7. nellie says:

    I should be able to claim head of household because I pay for this whole house without any foodstamps.

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