MFS / HOH

[MGC94]

Taxpayers spouse filed with Turbo Tax HOH

Spouse has 2 children

Taxpayer has 3 children 

No children together

They lived together all of 2023 except December. They are married. They are not legally separated and in NJ there is no legal separation status. 

His refund goes from over $10,000 to $2,000 filing MFS. 

Can she file HOH and him MFS (losing credit)? Does she also have to file MFS?

I want to amend hers and have them file MFJ. 

Her refund HOH was around $8,000. 

[Jim-from-Ohio · Accepted solution]

They have to live apart from each other at least the last six months of the year to file HOH. 

[IRonMaN]

Yup, 5 months short

[BobKamman]

Do they save anything with MFJ, compared with two MFS returns?  I wouldn't want to do either return, because it's asking for trouble to get caught in the middle of a conflict of interest.  But I would think twice before helping either spouse put the other in a situation where "innocent spouse" rules have to be argued in a couple years.  

[MGC94]

She filed HOH on TurboTax. 

I asked her if we could amend the return (MFJ or MFS). 

She said no. 

He wants to file MFS (the correct way with the $2,000 refund).

[BobKamman]

So what's the problem?  You are not her mother.  If he is still your client and wants to do the right thing, go ahead and help him.