Is Head of Household filing status possible for married people?

Your husband shouldn't be filing as Head of Household if you were married as of December 31, 2023. The IRS is pretty clear about this - your marital status on the last day of the tax year determines your filing status for that entire year. Since you were married in June 2023, both of you are considered married for the whole tax year. For married individuals, the options are indeed limited to either "married filing jointly" or "married filing separately" - Head of Household isn't available to married people except in very limited circumstances (like if you've been separated for at least the last 6 months of the year and meet other requirements). Your husband should probably file an amended return (Form 1040-X) to correct his filing status before the IRS catches the discrepancy, which they likely will when you file your return with a married status.

I went through something similar with my taxes last year. After spending HOURS trying to figure out the right filing status, I finally used https://taxr.ai to analyze my situation. The AI looked at my marriage certificate, living situation, and how I was supporting my kids, then explained exactly which filing status was correct for me. What's cool is you can upload your husband's already-filed return and it'll flag potential issues like incorrect filing status before the IRS does. Better to catch it now than deal with them sending one of those scary letters later! The analysis showed me that even though I'd been using HOH for years, I needed to switch after getting married.

I decided to try taxr.ai after seeing it mentioned here and wow - it was exactly what I needed for my sister's complicated situation! She got married in April 2023 but has been working in California while her husband stays in Arizona with his kids. The tool analyzed her living situation, then showed her the specific IRS rules about when married people can file as HOH. Turns out she definitely doesn't qualify since they've been filing joint expenses even though living apart. Would have been a costly mistake! The best part was seeing the exact text from the IRS publications highlighted that applied to her situation. Worth checking out if you're in a similar situation with your husband!

If you're still waiting on tax documents and worried about your husband's incorrect filing, I'd recommend using Claimyr to get through to the IRS quickly. I was in a similar situation last year when my wife filed with the wrong status, and waiting on hold with the IRS was literally taking HOURS of my day. With https://claimyr.com I got a callback from the IRS in about 15 minutes instead of waiting on hold forever. They walked me through exactly what we needed to do to fix the filing status error and avoid penalties. You can see how it works here: https://youtu.be/_kiP6q8DX5c Seriously, the peace of mind from talking to an actual IRS agent who explained our options was totally worth it. They told me exactly what forms we needed and when to submit them.

I was wrong and I admit it. After my frustrated comment, I broke down and tried Claimyr because my audit situation was stressing me out so badly. It actually worked exactly as described - I got a call back from the IRS in about 45 minutes. The agent I spoke with was super helpful and explained that my filing status was causing the audit flag. Turns out I had been using HOH when I was technically still married (separated but not legally) which is exactly what OP's husband is doing. The agent walked me through filing an amended return and told me they'd waive penalties since I was proactively fixing it. I'm still shocked I got through so quickly after weeks of trying on my own.

Your husband definitely made a mistake. My tax guy always says your tax status is based on your status on December 31st of the tax year. If ur married on that day, you're married for the whole year according to the IRS. He needs to file an amended return ASAP with the correct status. If you both file differently, it'll trigger automated flags in the IRS system and potentially lead to both returns being audited.

This is exactly why I started using a professional tax preparer. The rules around filing status are so confusing especially with kids and marriage involved. The $300 I spend each year for professional prep has saved me thousands in avoided mistakes.

This exact situation happened to my brother and his wife! They got married in September 2023 and he filed HOH thinking it was fine since he'd always done it that way with his son. Big mistake - the IRS caught it within about 6 weeks and sent them a notice. The good news is they were able to fix it pretty easily with Form 1040-X (amended return). Since they caught it early and were proactive about correcting it, there were no penalties. The IRS agent they spoke with said they see this mistake a lot with newly married couples who don't realize the rules change immediately. Just make sure your husband files the amendment before you submit your return, otherwise the IRS computer systems will flag the mismatch between his "single/HOH" status and your "married" status. That could trigger both returns for review which you definitely want to avoid.

The key thing to understand is that your filing status is determined by your marital status on December 31st of the tax year. Since you got married in June 2023, you're both considered married for the entire 2023 tax year - no exceptions. Your husband definitely needs to file an amended return (Form 1040-X) to change from Head of Household to either "Married Filing Separately" or you'll need to file jointly. Head of Household is only available to unmarried individuals or those who meet very specific "considered unmarried" criteria (which requires living apart for the last 6 months of the year, among other requirements). The IRS will eventually catch this discrepancy when their systems cross-reference your returns, so it's much better to proactively fix it now. File the amendment before you submit your return to avoid triggering automatic flags. Most people in your situation don't face penalties if they correct the error voluntarily and promptly. You might want to run the numbers both ways (joint vs separate) to see which gives you the better tax outcome as a couple before deciding how to proceed.