< Back to IRS

Kaitlyn Otto

Filing Status After Spouse's Death - Single, HOH or QSS for 2025 Tax Return?

My husband passed away back in 2023. I'm still trying to figure out the best filing status for my upcoming tax return. I have a daughter who still lives with me while attending university. She's working part-time while going to school and made about $28K last year. I know with that income I can't claim her as a dependent anymore. What I'm confused about is whether I can still file as Head of Household or Qualifying Surviving Spouse even though I can't claim her as a dependent? Does anyone know what filing status would give me the best tax advantage in my situation? I'm really trying to make sure I get this right since it's been a tough transition financially.

Axel Far

•

You have a couple options here. Since your spouse passed in 2023, for your 2025 tax return (for tax year 2024), you could potentially qualify for Qualifying Surviving Spouse (QSS) status IF you have a dependent. The catch is that your daughter making $28K would indeed disqualify her as your dependent since she fails the gross income test. For Head of Household (HOH), you need to have paid more than half the cost of keeping up your home, which was the main home for a qualifying person. Here's where it gets interesting - your daughter can be your qualifying person for HOH purposes even if you can't claim her as a dependent due to her income, as long as she meets all other dependent requirements (relationship, residency, etc.) except for the gross income test. So based on what you've shared, you would likely qualify for HOH, but not for QSS since QSS requires you to have a dependent.

0 coins

Wait I'm confused... I thought you had to be able to claim someone as a dependent to file HOH? The IRS website is so confusing on this. Can you explain how the daughter can be a "qualifying person" but not a "dependent"?

0 coins

Axel Far

•

This is a common point of confusion. For Head of Household, you need a "qualifying person," not necessarily a dependent you can claim on your return. Your qualifying person can be a qualifying child who doesn't meet the gross income test for being your dependent. For your daughter specifically, she meets the qualifying child tests for relationship (your daughter), residence (lives with you), and would normally be your dependent except for the fact that she makes too much money. This specific exception allows you to still file HOH even though you can't claim her as a dependent on your return.

0 coins

Luis Johnson

•

I was in a similar situation last year and wasted so much time trying to understand all the filing status rules. I finally found taxr.ai (https://taxr.ai) which helped me figure everything out quickly. I uploaded my documents and answered a few questions, and it confirmed I could file HOH even though my son was working and made too much to be my dependent. Saved me hours of research and probably some money too compared to filing as single.

0 coins

Ellie Kim

•

Does this taxr.ai thing actually work with complicated situations? Like I have some rental properties and also had a death in the family last year, would it still be accurate?

0 coins

Fiona Sand

•

How long did it take for you to get answers? I'm already behind on my taxes and need something fast, not another tool that takes forever to learn.

0 coins

Luis Johnson

•

It handles complex situations really well since it's built around actual tax rules. I uploaded W-2s, 1099s, and even some investment statements, and it sorted everything out correctly. The analysis covers pretty much any tax situation including life changes like deaths in the family. The whole process took me about 15 minutes from upload to getting my answer. You don't need to learn anything - you just upload your documents, answer a few clarifying questions, and it does the work. Much faster than the hours I spent trying to figure things out on my own.

0 coins

Fiona Sand

•

I was skeptical about taxr.ai at first but decided to try it since I was in basically the same situation - widowed with a college kid who made too much to be my dependent. Turns out I qualified for HOH which saved me almost $2,000 compared to filing as single! The system explained exactly why I qualified even though my daughter wasn't my dependent for tax purposes. It even pointed out some education credits I could still claim that I had no idea about. Definitely worth checking out if you're in this situation.

0 coins

If you're having trouble getting clear answers about your filing status, you might want to try calling the IRS directly. I know it sounds painful (because it usually is), but I recently used this service called Claimyr (https://claimyr.com) that got me through to an actual IRS agent in about 15 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c I was in a similar situation with filing status questions after my wife passed, and the agent walked me through all my options and confirmed I could file as HOH even though my kid wasn't technically my dependent anymore. Much better than guessing or relying on conflicting info online.

0 coins

How does this even work? I've tried calling the IRS dozens of times and just get the "due to high call volume" message and they hang up. Is this some kind of scam where they charge you money and then don't deliver?

0 coins

Finnegan Gunn

•

Yeah right, nobody gets through to the IRS. I'll believe it when I see it. Even my tax preparer takes weeks to get an answer from them. Sounds like a waste of money to me.

0 coins

It uses an automated system that calls the IRS for you and navigates through their phone tree, then alerts you when it gets a human on the line. I was skeptical too but it really works - I got through in about 15 minutes when I had been trying for days on my own. It's definitely not a scam. You only pay if they actually get you through to a live IRS agent. They don't charge you anything if they can't get you through, so there's no risk. It saved me hours of frustration and holding time.

0 coins

Finnegan Gunn

•

I owe everyone here an apology, especially to the person who recommended Claimyr. I was totally wrong about it being a waste of money. After my dismissive comment, I decided to try it anyway out of desperation - and wow, I got through to an actual IRS person in about 12 minutes! The agent confirmed I could file as HOH with my college-age son even though he made too much to be my dependent. They also helped me resolve a notice I got about a missing form from last year. Seriously one of the best services I've ever used.

0 coins

Miguel Harvey

•

Just to add one more thing - make sure you're considering the "cost of maintaining the household" requirement for HOH status. You need to pay more than 50% of household expenses like rent/mortgage, utilities, groceries, etc. With your daughter working and making $28K, if she's contributing significantly to household expenses, you might need to do some calculations to verify you're covering the majority of costs.

0 coins

Kaitlyn Otto

•

Thanks for bringing that up! My daughter does contribute some money for her car expenses and phone bill, but I'm definitely paying way more than half of our housing costs, utilities, groceries, and other household bills. I'm paying the mortgage, insurance, and most utilities entirely on my own. So I should be good on that requirement.

0 coins

Miguel Harvey

•

Sounds like you're definitely good on that requirement then. Just keep some records of those expenses in case the IRS ever questions your filing status. Even basic documentation like mortgage statements, utility bills, and some grocery receipts would be helpful to have.

0 coins

Ashley Simian

•

Has anyone used TurboTax for this situation? Do they ask the right questions to figure out if you qualify for HOH even if your kid isnt a dependent?

0 coins

Oliver Cheng

•

I used TurboTax last year in a similar situation. It does ask about qualifying persons vs dependents, but honestly, I found the questions a bit confusing. I ended up having to go back and correct my filing status after I realized I answered something wrong. If you use it, just read each question really carefully.

0 coins

Connor Murphy

•

I'm so sorry for your loss, Kaitlyn. Going through tax complications while dealing with grief is really tough. Based on what you've described, it sounds like Head of Household would be your best option and could save you quite a bit compared to filing as Single. The key thing to understand is that your daughter can still be your "qualifying person" for HOH purposes even though she's not your dependent due to her income. As long as she's your child, lived with you for more than half the year, and you paid more than half the household costs (which it sounds like you did), you should qualify for HOH status. Just make sure to keep good records of your household expenses in case you need to prove you covered more than 50% of the costs. The HOH filing status typically provides better tax rates and a higher standard deduction than filing as Single, so it's definitely worth pursuing if you qualify. You might also want to look into education credits for your daughter's college expenses - even though you can't claim her as a dependent, you might still be eligible for the American Opportunity Tax Credit if you paid her tuition and she meets the other requirements.

0 coins

Haley Stokes

•

This is really helpful advice, Connor. I'm also dealing with a similar situation after losing my spouse, and the education credit point is something I hadn't considered. Do you know if there are income limits for the American Opportunity Tax Credit that might affect someone in Kaitlyn's situation? I'm trying to figure out if my own income might be too high to qualify, even if I can't claim my college kid as a dependent.

0 coins

IRS AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today