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Anonymous
Not applicable

Can I file as qualifying widower?

Can I file as a qualifying widower for 2017 if my husband passed away in 2016, I filed married filing jointly for 2016, I did not claim our son as a dependent for 2016, and for 2017 my son lives with me full time, I provide over half of his support, he is a citizen, he was born in 1995 (22 at the end of 2017), claimed himself as a dependent in 2017 with income of $16,000, did not attend school and my total income is $35,000 for 2017? 

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2 Replies
KrisD
Intuit Alumni

Can I file as qualifying widower?

No, the child must be your dependent for that option. Since he is over 19, he would need to be a student for you to claim him as your qualifying child, or make less than $4,050 to be your qualifying relative. 

Qualifying Child

1.         The child must be your son, daughter, stepchild, foster child, brother, sister, half-brother, half-sister, stepbrother, stepsister, or a descendant of any of them.

2.         The child must be (a) under age 19 at the end of the year and younger than you (or your spouse if filing jointly), (b) under age 24 at the end of the year, a student, and younger than you (or your spouse if filing jointly), or (c) any age if permanently and totally disabled.

3.         The child must have lived with you for more than half of the year.

4.         The child must not have provided more than half of his or her own support for the year.

5.         The child must not be filing a joint return for the year (unless that joint return is filed only to claim a refund of withheld income tax or estimated tax paid).

Qualifying Relative

A person is your qualifying relative if you can answer “Yes” to the following questions:

  • Do they live with you? Your relative must live at your residence all year or be on the list of “relatives who do not live with you” in Publication 501. About 30 types of relatives are on this list.
  • Do they make less than $4,050 in 2017? Your relative cannot have a gross income of more than $4,050 in 2017 and be claimed by you as a dependent.
  • Do you financially support them? You must provide more than half of your relative’s total support each year.
  • Are you the only person claiming them? This means you can’t claim the same person twice, once as a qualifying relative and again as a qualifying child. It also means you can’t claim a relative—say a cousin—if someone else, such as his parents, also claim him.

RobertJM
Returning Member

Can I file as qualifying widower?

It's been a while, but I think this is incorrect and ignores the language in the qualifying widow section. By my reading the widow test specifically allows a child who would be a qualifying relative, except that they made over the limit.

 

The relevant section from publication 501 (2017) reads:

 

3. You have a child or stepchild (not a foster child) whom you can claim as a dependent or could claim as a dependent except that, for 2017: a. The child had gross income of $4,050 or more

 

Note that being a qualified child has no income limit, so this can only be read as referring to a qualified relative, who must be your child. You needn't actually be able to claim the child as a qualified relative (because they made too much), but if you could claim them if you ignored that part - I believe that allows you to take the widow status. You're supposed to put the child's name in on line 4, if you don't actually claim them.

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