Qualifying Surviving Spouse Status - Turbo Tax error?

Forum|Forum|2 years ago
March 14, 2024
2 replies
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@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?

Best answer by rjs

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.

Bsch4477

Employee

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.

rjsAnswer

Employee

alevin04Author

@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

Employee

@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

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.