Question

Don and Deirdre are married but they have not lived together for the last three years. Don and Deidre are not legally separated and she will agree to file a joint return. For the past two years Don’s father Wyatt has lived with him. Wyatt’s only income is a pension of $2,500 and social security of $3,950. Don pays all the costs of keeping up the home and can claim Wyatt as a dependant. Son has no other dependents and no one else lived in the home. What is Don’s filing status?

Answer 1

In this case Don and Deirdre will be considered married for the entire tax year as they have been legally married but living apart. Also they have not made any action or decision to legalize their separation. Don cannot file as head of household as he is not unmarried and will be not considered unmarried.

Don’s father has a gross yearly income of 2500+3950 = $6,450. This is above the threshold amount of $4,150 set for 2018 returns. Thus Don’s father cannot be claimed as a dependent and hence Don cannot file as head of household.

Here Don can either elect to file a joint return or file separately (this choice is entirely his). Thus Don’s filing status will be either married filing jointly status or married filing separately filing status.