IRS Pub 17

Artículo community property state. community property state

Texto Legal

id="en_US_2024_publink1000170788"> Community property states. If you live in a community property state and file separately, your income may be considered separate income or community income for income tax purposes. Community property states include Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. See Pub. 555 for more information. Joint Return After Separate Returns You can change your filing status from a separate return to a joint return by filing an amended return using Form 1040-X. You can generally change to a joint return any time within 3 years from the due date of the separate return or returns. This doesn't include any extensions. A separate return includes a return filed by you or your spouse claiming married filing separately, single, or head of household filing status. Separate Returns After Joint Return Once you file a joint return, you can’t choose to file separate returns for that year after the due date of the return. Exception. A personal representative for a decedent can change from a joint return elected by the surviving spouse to a separate return for the decedent. The personal representative has 1 year from the due date (including extensions) of the return to make the change. See Pub. 559 for more information on filing a return for a decedent. Head of Household 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. See Marital Status , earlier, and Considered Unmarried , later. You paid more than half of the cost of keeping up a home for the year. A qualifying person lived with you in the home for more than half the year (except for temporary absences, such as school). However, if the qualifying person is your dependent parent, your dependent parent doesn't have to live with you. See Special rule for parent , later, under Qualifying Person . . If you qualify to file as head of household, your tax rate will usually 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. Indicate your choice of this filing status by checking the “Head of household” box on the Filing Status line near the top of Form 1040 or 1040-SR. If the child who qualifies you for this filing status isn't claimed as your dependent in the Dependents section of Form 1040 or 1040-SR, enter the child's name in the entry space below the filing status checkboxes. Use the Head of a household column of the Tax Table, or Section D of the Tax Computation Worksheet, to figure your tax. Considered Unmarried To qualify for head of household status, you must be either unmarried or considered unmarried on the last day of the year. You are considered unmarried on the last day of the tax year if you meet all of the following tests. You file a separate return. A separate return includes a return claiming married filing separately, single, or head of household filing status. You paid more than half of the cost of keeping up your home for the tax year. Your spouse didn't live in your home during the last 6 months of the tax year. Your spouse is considered to live in your home even if your spouse is temporarily absent due to special circumstances. See Temporary absences under Qualifying Person , later. Your home was the main home of your child, stepchild, or foster child for more than half the year. (See Home of qualifying person under Qualifying Person , later, for rules applying to a child's birth, death, or temporary absence during the year.) You must be able to claim the child as a dependent. However, you meet this test if you can’t claim the child as a dependent only because the noncustodial parent can claim the child using the rules described in Children of divorced or separated parents (or parents who live apart) under Qualifying Child in chapter 3, or referred to in Support Test for Children of Divorced or Separated Parents (or Parents Who Live Apart) under Qualifying Relative in chapter 3. The general rules for claiming a child as a dependent are expl

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