Qualifying Surviving Spouse Status - Turbo Tax error?

[alevin04]

@Critter-3, 

@rjs 

Thank you all so much 

My wife passed away in  2022 

I did file as Married filing jointly in 2022   

My daughter turned 25 on December 31, 2023  (She is not disabled) 

My daughter lived with me all year in 2023 and I paid more than half of home expenses 

My daughter made more than $4700  in 2023 

TurboTax is saying I CAN file as Qualifying Surviving Spouse 

BUT I DON'T SEE HOW BECASUE OF MAY DAUGHTERS AGE?? 

Is this a bug or am I missing something?  

[Bsch4477]

It’s not her age but her income that disqualifies her from being your dependent. Be sure you checked the box saying she made more than $4,700. 

[rjs · Accepted solution]

It's not a bug. You can file as Qualifying Surviving Spouse. Your daughter's age doesn't matter. You cannot claim your daughter as a dependent, but she does qualify you to file as Qualifying Surviving Spouse.

There are two types of dependents, a Qualifying Child and a Qualifying Relative. Your daughter cannot be a Qualifying Child because of her age. But there is no age limit for a Qualifying Relative. What prevents you from claiming her as a Qualifying Relative is her income. But you can use your child to qualify as a Qualifying Surviving Spouse if the only reason you cannot claim her as a dependent is that her income was $4,700 or more. That is your situation.

[alevin04]

@rjs 

Thank you so much 

Hate to be stickler but you wrote: 

But you can use your child to qualify as a Qualifying Surviving Spouse if the only reason you cannot claim her as a dependent is that her income was $4,700 or more. That is your situation.

I think the reason I can't claim her as dependent is her age - so can I still be a Qualifying Surviving Spouse

TT seems to think so  

Thanks again (you are the only person I have found who is knowledgeable in this area) 

[rjs · Accepted solution]

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@alevin04 wrote:

I think the reason I can't claim her as dependent is her age - so can I still be a Qualifying Surviving Spouse

TT seems to think so   

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TurboTax is right. Her age is not the reason that you can't claim her as a dependent. There is no age limit for a "Qualifying Relative" dependent. If her income was less than $4,700 she would meet all the requirements to be a "Qualifying Relative," and you would be able to claim her as a dependent. The reason you can't claim her as a dependent - the only reason - is that she made more than $4,700. But you can still use her to allow you to file as Qualifying Surviving Spouse.