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qualify widower grandchild?

michele
Level 7

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

0 Cheers
4 Comments 4
pamdory
Level 8

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/....

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


Here's wishing you many Happy Returns
The-Tax-Lady
Level 9

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?

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