Question: If I lived apart from my spouse from July 10 to December 31 but was not divorced or legally separated at the end of the year, can I file as head of household? Will my filing status allow me to claim a credit for childcare expenses and the earned income tax credit if I have a qualifying child?
You do not qualify for head of household filing status because you were not unmarried or considered unmarried at the end of the tax year. You were not considered unmarried because you and your spouse were members of the same household for part of the last 6 months of the tax year.
Your filing status for the year will be either married filing separately or married filing jointly.
- If you use the filing status of married filing separately, you will not qualify for the earned income tax credit and cannot claim a credit for childcare expenses.
- If you file a joint return with your spouse, you may be eligible to claim these credits.
- Publication 596, Earned Income Credit (EIC)
- Can You Claim the Child and Dependent Care Credit?
- Publication 503, Child and Dependent Care Expenses
- Use the EITC Assistant
Category: Filing Requirements, Status, Dependents, Exemptions
Subcategory: Filing Status