Submitted By: someone
Answered: May 5, 2017 8:51 am

My spouse is in a nursing home in another state. We didn’t live together at all this year. Can I file as single?

Because you are married, you cannot be treated as single. You can file a joint return, or you can opt to file as “married filing separately.” However, if spouses live apart and meet certain tests, one may qualify to file as head of household instead of married filing separately. To do this, you must have a qualifying person live with you (or a dependent parent even if not living with you); a spouse is not a qualifying person.

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Tax Glossary

Unrecaptured Section 1250 gain

Long-term gain realized on the sale of depreciable realty attributed to depreciation deductions and subject to a 25% capital gain rate.

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