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Christopher B, Esq.
Christopher B, Esq., Tax Attorney
Category: Tax
Satisfied Customers: 2982
Experience:  associate attorney
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My husband is disabled, on ssi I am also retired and working

Customer Question

my husband is disabled, on ssi I am also retired and working part time, last year our grandchildren were placed with us by state. My question is can I claim head of head or how should I file
JA: The Accountant will know how to help. Please tell me more, so we can help you best.
Customer: Just need to know how to file and if my husbands income should be
JA: Is there anything else important you think the Accountant should know?
Customer: nope
Submitted: 6 months ago.
Category: Tax
Expert:  Christopher B, Esq. replied 6 months ago.

My name is ***** ***** I will be helping you today. Thank you for your question and for using justanswer.com.

Normally you must be unmarried to claim head of household. You can be married and still claim if you were still legally married as of December 31, you are considered unmarried (and therefore eligible for Head of Household) if all 5 of these conditions apply:

  1. You won't be filing jointly with your spouse; and
  2. Your spouse didn't live in your home after June (temporary absences due to illness, school, vacation, business, or military service don't count); and
  3. Your home was your child's, stepchild's, or foster child's main home for more than half the year; and
  4. You paid more than half the costs of keeping up your home during the tax year; and
  5. You meet the qualifications to claim the child as your dependent, even if the other (noncustodial) parent is actually claiming the child as a dependent on their return.

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Customer: replied 6 months ago.
Does someone on disability have to file taxes? Do i have to file jointly?
Expert:  Christopher B, Esq. replied 6 months ago.

Yes you have to file jointly or you will be taxed on you SS benefits. If you only receive SSDI benefits then you should not be taxed on those benefits but if you have other income then you might. Here are the rules from SSA on taxation of SS benefits: https://www.ssa.gov/planners/taxes.html

"No one pays federal income tax on more than 85 percent of his or her Social Security benefits based on Internal Revenue Service (IRS) rules. If you:

  • file a federal tax return as an "individual" and your combined income* is
    • between $25,000 and $34,000, you may have to pay income tax on up to 50 percent of your benefits.
    • more than $34,000, up to 85 percent of your benefits may be taxable.

  • file a joint return, and you and your spouse have a combined income* that is
    • between $32,000 and $44,000, you may have to pay income tax on up to 50 percent of your benefits
    • more than $44,000, up to 85 percent of your benefits may be taxable.

  • are married and file a separate tax return, you probably will pay taxes on your benefits."