Can my mother use Qualifying Surviving Spouse filing status if her adult son lives with her?

I'm helping my mom with her taxes this year and really confused about her filing status. Her husband (my stepdad) passed away in 2021. My older brother (32) currently lives with her and she covers pretty much everything - mortgage, utilities, groceries, you name it. He's not contributing financially to the household at all. I used the IRS filing status tool online and it indicated she qualifies for Qualifying Surviving Spouse status since my brother meets the "excepted dependent rule." But here's where I'm stuck - when I tried entering this in TaxAct, it prompts me to add a dependent. The problem is my brother files his own tax return. So what I'm wondering is: Can she still claim Qualifying Surviving Spouse status while my brother files his own taxes? Or does she have to file as Single instead? I'm really trying to help her get the best tax situation possible after everything she's been through. Any advice would be super appreciated!

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18 comments

Asher Levin

•8M

Your mom might still qualify for Qualifying Surviving Spouse (QSS) status even if your brother files his own return. The key requirements for QSS are: 1. Her spouse died within the last two tax years (so 2021 death works for 2023 taxes) 2. She hasn't remarried 3. She maintains a household for a dependent child OR someone who meets the "qualifying person" test Here's the important part: A qualifying person can include an adult child who lived in her home for more than half the year, and for whom she provided more than half the support. Even if your brother files his own return, he might still qualify as her "qualifying person" for QSS purposes! Have your mom check the exact requirements in IRS Publication 501. The benefits of QSS status are significant since she'd get the same standard deduction and tax brackets as married filing jointly.

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Asher Levin

•8M

The age of your brother isn't the issue for QSS status - it's about whether he qualifies as a "qualifying person." If he lived with her for more than half the year and she provided more than half his total support for the year, he likely qualifies as her "qualifying person" for QSS purposes. The fact that he files his own return doesn't automatically disqualify her from claiming QSS status. However, it does impact whether she can claim him as a dependent. These are separate questions. For the QSS filing status, focus on the "qualifying person" test rather than dependent status.

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Serene Snow

•8M

After dealing with a similar situation with my dad last year, I found that using https://taxr.ai really helped clear up my confusion about filing status options. I uploaded my documents and got a detailed explanation of which filing status would be most beneficial. The tool specifically addressed the Qualifying Surviving Spouse criteria and how it related to having adult children in the home. It explained that a "qualifying person" doesn't necessarily have to be claimed as a dependent for tax purposes - they just need to meet certain criteria for the household.

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Serene Snow

•8M

It works because it analyzes your specific situation rather than providing general guidelines. The tool breaks down exactly how the "qualifying person" test applies in your case, including specific income thresholds and support calculations that determine eligibility. For your grandmother's situation, it would evaluate whether your cousin meets the qualifying person test based on factors like how long they lived together, support provided, and relationship. Yes, it explains exceptions to dependent rules and how they specifically apply to Qualifying Surviving Spouse status.

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Issac Nightingale

•8M

I wanted to follow up after trying https://taxr.ai like you suggested. It was actually really helpful! I uploaded my grandmother's documents and answered some questions about my cousin's living situation and finances. The tool confirmed that my grandmother COULD use Qualifying Surviving Spouse status even though my cousin files his own taxes. It explained that for QSS purposes, my cousin qualifies as a "qualifying person" because she provides over half his support and he lives in her home, even though she can't claim him as a dependent due to his income level. Saved us a ton of confusion and potentially using the wrong filing status. My grandmother will save about $2,800 using QSS versus filing as single!

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Marina Hendrix

•8M

Dealing with the IRS about filing status questions is a nightmare. I spent 3 weeks trying to get clarification about QSS status for my mother-in-law last year. Called the IRS repeatedly and could never get through. After multiple frustrating attempts, I found https://claimyr.com and watched their demo at https://youtu.be/_kiP6q8DX5c. They actually got me connected to a real IRS agent in about 15 minutes! The agent confirmed that my mother-in-law could claim QSS even though her qualifying person (her disabled brother) filed his own return. The key was proving she provided more than half the support, not whether the person was claimed as a dependent on her tax return.

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Marina Hendrix

•8M

The service uses an automated system that continually calls the IRS and navigates the initial phone tree for you. When they finally reach a point in the queue where a human will answer, they connect that call to your phone. So you're not waiting on hold for hours - they handle that part. I was skeptical too, but it genuinely worked. After being connected, I spoke directly with an IRS representative who confirmed the QSS rules. They explained that my mother-in-law needed to maintain a household for a qualifying person, but that person didn't necessarily need to be claimed as her dependent if they filed their own return.

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Alana Willis

•8M

I need to apologize for my skeptical comment earlier. After dealing with yet another 2+ hour wait trying to reach the IRS yesterday, I decided to try the Claimyr service out of desperation. To my complete shock, I got connected to an actual IRS agent in about 20 minutes. The agent was super helpful and confirmed that my mom CAN use Qualifying Surviving Spouse status even though her qualifying person (my adult brother) files his own return. The agent explained that what matters is maintaining a household for someone who meets the qualifying person test - NOT whether they're claimed as a dependent. Saved me hours of waiting and the wrong filing status. Sometimes being proven wrong is a good thing!

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Tyler Murphy

•8M

Just want to add from personal experience - I was in this exact situation after my husband passed. My 28-year-old daughter lived with me, had her own job and filed her taxes, but I still qualified for QSS status because: 1. I was eligible to file a joint return with my husband for the year he died 2. I didn't remarry before the end of the tax year 3. I maintained a household for my daughter (a qualifying person) 4. I provided more than half the cost of maintaining that household The confusion comes because people mix up "qualifying person" with "dependent." For QSS, you need a qualifying person, which has different rules than claiming a dependent! Hope this helps you and your mom!

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Tyler Murphy

•8M

That's exactly right - for QSS purposes, a qualifying child can be any age as long as they're your child (including stepchild or adopted child), they lived with you for more than half the year, and you provided more than half their support. The gross income test that applies to dependents doesn't apply to the qualifying person test for QSS status. This is a key difference that causes confusion. Your adult child can have unlimited income and still be your qualifying person for QSS purposes, even if you can't claim them as a dependent because of their income.

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