qualify widower grandchild?

Forum|Forum|3 years ago
February 27, 2023
2 replies
18 views

I though a grandchild a taxpayer is raising qualifies as claiming qualified widower. The program is giving me an error as if the grandchild does not qualify.

thanks

Michele

Lacerte Tax

This topic has been closed for replies.

P

PamC

Level 6

The instructions say "...a child or stepchild (not a foster child) whom you could claim as a dependent...." but they don't use the usual Qualifying Child typically used for purposes of dependency & filing status. I don't think a grandchild meets the requirement.

George4Tacks

Level 15

https://www.irs.gov/pub/irs-news/fs-05-07.pdf

I think Head of Household and so do Turbo Tax https://ttlc.intuit.com/community/taxes/discussion/can-t-i-change-filing-status-to-qualifying-widow/00/2638019#:~:text=In%20order%20to%20claim%20qualifying,qualify%20you%20for%20that%20status.

IF they ever adopted the child, then they could qualify for using "child" and Qual Surv Spouse.

Answers are easy. Questions are hard!

T

The-Tax-Lady

Level 8

A grandchild can be a qualifying child, if all the Dependency tests are met, for the QSS filing status.

The QSS status is only available for 2 years after the year the spouse dies and not in the year of the spouse's death. Could that be what's stopping the software?

T

TaxGuyBill

Level 15

As was noted above, the requirement for Surviving Spouse involved a "son, stepson, daughter, or stepdaughter". It is not for any Qualifying Child.

https://www.law.cornell.edu/uscode/text/26/2

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