Question

If I’m separated from my spouse, can I file as head of household to get the EIC — What are EIC separated from spouse specifics that I need to be aware of.

Answer

Regarding EIC separated from spouse, you can file as head of household if you meet the tests and were unmarried or considered unmarried for the year.

You’re considered unmarried if you meet these tests:

  • You file a separate return.
  • You paid more than half the cost of keeping up the home for the year.
  • Your spouse didn’t live in the home during the last six months of the year.
  • Your home was the main home of one of these for more than half of the year:
    • Your child
    • Stepchild
    • Eligible foster child
  • You must be able to claim an exemption for your child. This applies even if you don’t claim the exemption since you released the child’s exemption to the noncustodial parent.

If you file as head of household, you can claim the Earned Income Credit (EIC) if you otherwise qualify for it. However, you can’t claim the EIC if you’re married filing separately.

Related Topics

Related Resources

Can I Claim Medical Expenses on My Taxes? What Can I Claim?

If you’re itemizing deductions, the IRS generally allows you a medical expenses deduction if you have unreimbursed expenses that are more than 7.5% of your adjusted gross income for tax years 2017 or 2018. You can deduct the cost of care from several types of practitioners at various stages of care.

Is Volunteer Work Tax Deductible? | H&R Block

Spending your time volunteering is a great way to give back. Learn more about the tax benefits for volunteer work when filing your taxes at H&R Block.

Is TurboTax Live the Best Virtual Tax Prep Option?

Looking for virtual tax help with your online filing? Learn more about your options by comparing TurboTax Live to H&R Block Tax Pro Review and Tax Pro Go.

What Is Head of Household and Who Can Claim It?

Head of household is a filing status for single or unmarried taxpayers who have maintained a home for a qualifying person, such as a child or relative. This filing status provides a larger standard deduction and more generous tax rates for calculating federal income tax than the Single filing status.