Article: 50261
Overview
Some individuals seek to file as a Qualifying Surviving Spouse (QSS) but are ineligible due to the absence of a qualifying dependent.
To claim QSS status, all of the following criteria must be met:
- Eligibility to file jointly in the year of the spouse’s death
- Spouse passed away in one of the two preceding years, and the taxpayer has not remarried
- A child, stepchild, or adopted child qualifies as a dependent (even if they fail the gross income or joint return tests)
- The child resided with the taxpayer for the entire year, excluding temporary absences
Resolution
If a qualifying dependent can be added, QSS status may be claimed. Otherwise, an alternative filing status must be selected.