NY residinets. Legal domestic partners since 2006. One provides 100 percent of upkeep for the other, who has long been in and out of surguries since 2008 nd hasn;t worked at all all during this time period. So can the one who gets social security and a small persnion claim for himslef head of household status on both NY State tax returns and also Defederal tax returns? How many years can this go back and file amended returns?
?
To file as HOH, you need a qualifying dependent. For the IRS, a DP is NEVER a qualifying dependent because there is no legal or blood relationship. If it is just the 2 of them, not possible.
Now that the marriage can be recognized, get married; however the marriage starts that day and cannot be used to amend anything retroactively.
Slickterp
No, HoH requires a related dependent. A DP is not a related dependent.
Elaine M
You may want to contact a tax preparer by phone to ask. I always understood head of household as either the male spouse, or the person who is the largest bread winner.