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Wendy Reed
Wendy Reed, Enrolled Agent
Category: Tax
Satisfied Customers: 3346
Experience:  15+ years tax preparation and tax advice.
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My husband works in china. He works for a chines employer and

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My husband works in china. He works for a chines employer and has no intension to come back yet. Therefore he is not on temporary assignment. Last year he came back 3 weeks in January and 1 week in April for short visit. I did not even see him in the last 6 month of the year. We have one 11 year old. Do I qualify for head of household filing status? Thanks

Thank you for giving me the opportunity to assist you. I will give the best answer that I can with the information provided.



As long as you pay for more than 1/2 the cost of keeping up your household, you do qualify for head of household status---presuming that you claim your child as a dependent.

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Customer: replied 5 years ago.

Thank you Wendy. Here is one thing to follow up. I am still afraid that my husband is calssfied as temporary absence. Even though he has permanent job in China and do not intend to come back.


We own our house together and have joint bank account. Does this mean he will come back to the house therefore his absence is temporary? Thanks a lot for your time.



I think you are worried about him being treated as a California resident for the income that he earns in China. Generally if you are out of CA for 546 days consecutively you are considered a non-resident for this time.


You may want to review circumstances and examples in the following publication:


Customer: replied 5 years ago.
Thanks a lot Wendy. Actually I still worry about I am not eligible for Head of House Hold. Based on my situation, I am eligible for HOH. Correct?

If you have not resided with your husband for more than the last 6 months of the year, you have a dependent child living with you, and you pay more than 1/2 the cost of keeping up your household, you may use HH filing status--This is called "considered unmarried" for filing status purposes when you are actually legally married. CA follows the federal guidelines for this filing status.


Here is the link to HH requirements (see page 7, Head of Household and considered unmarried)




Customer: replied 5 years ago.
Thanks a lot
you are very welcome.