What is Head of Household Filing Status and Who Qualifies for It?

My hair stylist brought up the fact that her elderly mother is going to move in with her and was wondering if that will benefit her taxwise. I told her she may be eligible to use the “Head of Household” filing status on her tax return, which could save her in taxes.

Filing Status Overview

The IRS has four tax filing statuses - Married Filing Jointly, Married Filing Separately, Single, Head of Household and Qualifying Surviving Spouse (before 2022, this was referred to as Qualifying Widow(er)). More than one filing status can apply to you; it is up to you to choose the one that will give you the lowest taxes.

Head of Household Status

Head of Household (HOH) filing status is available to taxpayers that are unmarried and that provide more than half the cost of a home for “certain other persons.”

It is preferable to use Head of Household filing status because the lower tax brackets are slightly more beneficial than for Single filing status, as follows for 2023:

  • 10% Tax Rate: $0 to $11,000 for Single vs $0 to $15,700 for HOH

  • 12% Tax Rate: $11,001 to $44,725 for Single vs $15,701 to $59,850 for HOH

  • 22% Tax Rate: $44,726 to $95,375 for Single vs $59,851 to $95,350 for HOH

  • 24% Tax Rate: $95,376 to $182,100 for Single vs $95,351 to $182,100 for HOH (practically the same)

  • 32% Tax Rate: $182,101 to $231,250 for Single vs $182,101 to $231,250 for HOH (exactly the same)

Additionally, the standard deduction is an amount on your tax return that reduces your taxable income and is used by the majority of taxpayers who do not itemize deductions (which we will not go into here). The standard deduction for HOH is $20,800 in 2023 vs $13,850 for Single. This is another significant benefit of filing HOH.

Head of Household Qualifying Factor #1 - Unmarried

Seems simple, right? Unmarried is unmarried, i.e.. single. But you can actually be married but be considered unmarried for HOH purposes. Here’s what the IRS considers as “unmarried” for purposes of HOH status:

  • You file a separate tax return from your spouse.

  • You paid more than half the cost of keeping up your home during the tax year.

  • Your spouse didn’t live in your home during the last 6 months of the year, exclusive of temporary absences for business, medical care, school, or military service.

  • Your home was the main home of your child, stepchild or foster child for over half the year.

  • You must be able to claim the child as a dependent (with some exceptions we won’t go into detail on here).

Qualifying Child for Head of Household Status

For a child to qualify you for HOH status,

  • The child must be younger than the taxpayer and either under age 19, under age 24 an a full-time student or any age and permanently and totally disabled and

  • Lived with taxpayer over half the year and

  • Did not provide over half of their own support and

  • Is one of the following: son, daughter, stepchild, foster child, brother, sister, stepbrother/sister, half brother/sister or descendant of any of them.

So, your 23 year old stepsister who is a full time student can qualify you for HOH status if she lives with you over half the year and you provide over half of her support.

While the taxpayer claiming HOH status must be considered unmarried, the qualifying child does not have to be unmarried. The qualifying child can be married, but if you can claim him/her as a dependent, they still qualify, assuming they meet the citizen test and joint return test (which we won’t go into detail here).

Confused yet? You’re not alone.

Qualifying Relative for Head of Household Status is a Parent

Your mother or father can qualify you for HOH status if you can claim him or her as a dependent.

So what does that mean for a parent to qualify as your dependent? They have to meet the following tests:

  • They can’t be claimed as a dependent on someone else’s return.

  • Generally they can’t file a joint tax return with someone else, unless they are only filing to get a refund and have no tax liability.

  • They are a U.S. citizen, U.S. national, U.S. resident alien or a resident of Canada or Mexico.

  • Taxpayer must have paid over half of the cost of keeping up a home for the parent during the year. That includes costs such as rent, mortgage interest, real estate taxes, homeowner’s insurance, repairs and maintenance of the home, utilities, food eaten in the home and other household expenses. It does not include personal expenses such as clothing, health insurance, transportation costs, etc.

  • The parent’s gross income must be less than $4,700 in 2023 ($4,400 in 2022 - this amount changes every year). How is gross income determined? Gross income is all income that is not exempt from tax, such as wages, interest, taxable unemployment, taxable social security benefits, etc.

Additionally, for purposes of determining HOH status, a parent does not have to live with the taxpayer, as long as the parent meets the various dependency tests listed above.

So let’s stand back a second. If you are unmarried and are supporting over half the cost of your parent and they either live with you or elsewhere, and their only income is Social Security, chances are you can file your taxes using Head of Household status.

Qualifying Relative for Head of Household Status Other Than a Parent

To claim a relative other than a child or a parent for HOH status, the additional requirements are:

  • Must be a brother, sister, half brother, half sister, step brother, step sister, niece, nephew, stepbrother or any other person, as long as it does not violate local law.

    • Individuals that are not related to you in any of the ways above cannot qualify you for HOH status, though they can stay possibly qualify as a dependent.

  • Must have lived with you over half the year.

To Learn More About Filing Status

The IRS publishes Publication 501, “Dependents, Standard Deduction and Filing Information” for those looking for more detailed information on these topics. For the short version, read the Form 1040 instructions.

California Minimum Wage to Increase from $15.50 to $16 Per Hour on January 1, 2024.

Effective January 1, 2024, the minimum wage for all California hourly employees increases to $16 per hour, up from $15.50 per hour that was effective January 1, 2023.

The federal minimum wage for 2024 is still $7.25, a rate unchanged since it became effective on July 24, 2009.

California minimum wage rates apply to Ventura County residents.

The City of Los Angeles minimum wage rate has been $16.78 per hour since July 1, 2023. Each year, the minimum wage is adjusted for inflation; the adjusted rate is announced on February 1st of each year and becomes effective on July 1st of each year. The city’s 2024 minimum wage rate increases to $17.28 effective July 1, 2024. See wagesla.lacity.org.

The County of Los Angeles minimum wage rate became $16.90 per hour effective July 1, 2023 and increases to $17.27 per hour (yes, one penny less than the City of Los Angeles minimum wage…who knew) starting July 1, 2024. See dcba.lacounty.gov/minimum-wage-for-businesses. This rate applies to employees in unincorporated areas of Los Angeles County.

But WAIT…you may have heard that hourly employees of national fast food eateries in California will receive minimum wage rate of $20 beginning April 1, 2024.

Minimum Wage of National Fast Food Chain Workers in Calfiornia to Increase to $20 on April 1, 2024

Assembly Bill 1228 was signed by Governor Newsom on September 28, 2023. The bill authorizes, among other things, an increase in the minimum wage of employees at national fast food restaurants to $20 on April 1, 2024.

That’s a substantial increase in the current minimum wage for fast food workers, which as of January 1, 2024 will be $16 for California hourly employees (a 25% increase) and as of July 1, 2023 has been $16.90 for hourly employees in unincorporated Los Angeles County (an 18% increase). Ventura County hourly employees currently fall under the California minimum wage rate.

So does this mean that ALL fast food workers in California will automatically start earning at least $20 per hour next April? No. It applies to workers at “national fast food chains,” which is defined as “a set of limited-service restaurants consisting of more than 60 establishments nationally that share a common brand, or that are characterized by standardized options for decor, marketing, packaging, products, and services, and which are primarily engaged in providing food and beverages for immediate consumption on or off premises where patrons generally order or select items and pay before consuming, with limited or no table service."

Bakeries gets a break. “Fast food restaurant” shall not include an establishment that on September 15, 2023, operates a bakery that produces for sale on the establishment’s premises bread, as defined under Part 136 of Subchapter B of Chapter I of Title 21 of the Code of Federal Regulations, so long as it continues to operate such a bakery. This exemption applies only where the establishment produces for sale bread as a stand-alone menu item, and does not apply if the bread is available for sale solely as part of another menu item."

AB 1228 goes on to state that the hourly minimum wage may increase annually by the lesser of 3.5% or inflation over the the most recent July 1 to June 30 period.

So some additional questions come to mind:

  1. If a chain has 60+ establishments but they are only based in California, does this represent a “national fast food chain” under AB 1228? My suspicion is yes.

  2. How will AB 1228 impact fast food eateries with 59 or less locations? Why would someone want to continue earning $15.50 at a smaller chain when they could work at Taco Bell or Burger King and earn $20? It would seem that although the law is written for larger chains, clearly it will impact all fast food eateries in the state.

  3. How will AB 1228 impact other minimum wage jobs? As with smaller eateries, it would seem that all minimum wage jobs will be indirectly impacted by AB 1228. A $4 per hour difference between entry level fast food jobs and other minimum wage jobs is significant.

Read the entire bill at https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB1228.

Tax Breaks to Pay For College

Section 529 plans give taxpayers the ability to invest for college and use the funds for college expenses at some point in the future tax-free.

Do you get a tax deduction for contributions to 529 plans? Not on the federal return. Your tax savings comes in the future, as any income generated by the investments made can be distributed tax-free in the future, as long as they are used for qualified educational purposes (defined below).

Some states do offer a tax deduction or tax credit on all or a portion of contributions you make to 529 plans. However, California (along with Kentucky, North Carolina, Delaware, New Jersey and Maine) do not offer such deductions or credits. That said, California does conform to federal law in that distributions used for qualified purposes are not taxed.

What are “qualified” uses of 529 plan funds? Tuition, room and board*, books, supplies, fees and computers, software and internet access

*Room and board includes the cost of housing and a meal plan at a college or university, be it on campus or off campus. However, the allowable amount under a 529 plan cannot exceed what the school’s published “cost of attendance” is. You can typically find this on a university’s website.

You have to be enrolled in school at least half-time to qualify to use 529 plan funds.

Expenses that do NOT qualify for reimbursement under a 529 Plan include travel expenses, health insurance and personal living expenses.

There are no income limits for funding the plan accounts.

What is the maximum you can put into a 529 plan? The California Scholarshare plan has an overall maximum account balance limit of $529,000, which applies to all accounts opened for a beneficiary. See www.scholarshare529.com for more information.

Can grandparents and other relatives contribute to my kids’ 529 plans? Absolutely! They do not get any tax benefits for these contributions and they are considered to be gifts*, but like with other contributions, they grow tax free, as long as the funds are eventually used for college or even a trade school or vocational school, as long as that school is eligible to participate in student aid programs offered by the Department of Education.

*The gift tax exclusion in 2023 is $17,000, up from $16,000 in 2022. That means you can give up to $17,000 per person without filing a federal gift tax return (IRS Form 709).

What happens if I can’t use the money in a 529 plan? First off, you can transfer funds from one kid’s 529 plan to another’s if you need to. That said, if you are unable to use the funds for qualified education, you can always take the money out and pay taxes on the earnings, plus a 10% penalty. And there are certain exceptions to the penalty too.

American Opportunity Credit

The American Opportunity Credit (AOC) can provide tax credits of up to $2,500 per student for the first 4 years of college. You cannot claim it for more than 4 years.

Up to 40% of the credit is refundable; the other 60% must be applied against your tax liability. The maximum credits is derived as follows: 100% of the first $2,000 in qualified expenses and 25% of the next $2,000 of qualified expenses.

Qualified expenses for the AOC includes tuition, books and fees, but DOES NOT include room and board that is allowed to be paid with 529 plan funds.

The challenge with this credit is that it phases out for single taxpayers with modified adjusted gross income between $80,000 and $90,000 and for married taxpayers, $160,000 and $180,000. If this is the case, something to consider for tax planning purposes is for the taxpayer to NOT claim the student as a dependent on their return (even if entitled to), and let the student claim the AOC credit.

Lifetime Learning Credit

If you have already used 4 years of AOC credit, you may qualify for the Lifetime Learning Credit (LLC), which has no limit on the number of years to claim the credit. However, there are even lower income phaseout levels for the LLC, phasing out between $59,000 and $69,000 in modified adjusted gross income for single and $118,000 to $138,000 for married taxpayers.

Additionally, the LLC is not a refundable credit. If you don’t owe taxes, you won’t be able to use the credit. The credit is calculated at 20% of the first $10,000 in qualified education expenses. Consistent with the AOC, the student can claim the credit if the parent does not claim the student on their tax return. However, if the student owes no taxes, there’s no use to this credit.

Qualified expenses for the LLC are the same as for the AOC, except course material expenses MUST be paid to the university as a condition of enrollment.

Scholarships

Keep in mind that any scholarships and grants received must be applied against the tuition and other expenses incurred. In other words, you cannot use 529 plan funds or obtain a education tax credit on expenses paid for with scholarship funds. That would be double dipping!

Speaking of paying for college, HERE IS A LINK to an article on how to complete a FAFSA form.

Eateries That Opened in the Second Half of 2023 and are Coming Soon to the Conejo Valley and Greater Ventura County

Some of the new eateries in the conejo valley area that opened since july 2023.

We’re down to the final home stretch of 2023 and we’ve seen, as always, numerous changes in the local eatery landscape in the Conejo Valley and adjacent areas. Here’s what we’ve seen since July.

New Eateries That Opened in the Second Half of 2023

Eateries That Anticipate Opening Soon

Flashback to 1923: $400 an Acre for Lots in "Thousand Oaks" - A City in the Beginning

In the spring of 1923, Morton D. Harris & Co. was selling 2 1/2 to 5 acre ranches at $400 per acre in "Thousand Oaks," a "city" in the beginning - the liveliest spot on the "Ventura Blvd." "Wonderful business opportunities...chicken and turkey ranches, grapes, fruit and berry tracts. Extensive water system now being installed. Good roads are being completed. And soon, yes, electric lights! Get these lots now for just 10% down and 2% per month!


According to the late Pat Allen, historian for the city, mostly farmers lived in the Conejo Valley in 1922.  The 2,200 acre Crowley Ranch was sold and subdivided and lots were sold for $1,000. As lots sold and the population grew, developers held a contest to name the new village. Sixteen year old Bobby Harrington entered the name "Thousand Oaks." He won the prize and the rest is history.

Thousand Oaks became a subdivision of Ventura County on May 1, 1923, as recorded by the County Recorder. Thousand Oaks was incorporated as a city on October 7, 1964.

Did You Know That Six Streets at the Thousand Oaks Auto Mall are Named After Luxury Brands

Thousand Oaks Auto Center (now Auto Mall) ad from the early to mid 1960s.

Thousand Oaks Auto Center (now Auto Mall) ad from the early to mid 1960s.

The Thousand Oaks Auto Center (now Auto Mall) opened in 1967, making it one of the oldest auto malls in the country. Currently (2023), 29 brands are sold at the mall.

Did you know...that there are five streets running roughly north/south in the Auto Mall between Thousand Oaks Blvd and Auto Mall Drive that are named after five previous luxury brands? The five streets, from west to east, are as follows:

Auburn Ave - Luxury brand sold from 1900 to 1937.

Marmon Ave - Luxury brand sold from 1902 to 1933 (Marmon Motor Co build the first Indianapolis 500 winning car in 1911).

Cord Ave - Luxury brand sold in 1929-1932 and 1936-1937.

Pierce Arrow Ave - Luxury brand sold 1901 to 1938.(Its firs car in 1901 was a single-cylinder, two-speed no-reverse car called Motorette.

Packard Circle - Luxury brand sold from 1899 to 1956.

There's also Duesenberg Drive, which connects to Auto Mall Drive on the north, to Hillcrest. Luxury brand sold from 1913 to 1937.

T.O. Auto Mall website is at www.toautomall.info