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Can i file head of household on my 2016 tax return if my…

Can i file head of...
Can i file head of household on my 2016 tax return if my husband and I were going through a divorce proceeding but he passed away before the divorce was finalized in mid 2016?
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10/3/2017
Barbara
Barbara, Enrolled Agent
Category: Tax
Satisfied Customers: 6,175
Experience: 20+ years of experience in tax preparation; 30+ years of experience as a real estate/corporate paralegal.
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Welcome to Just Answer. My name is ***** ***** I will be happy to assist you.

If you were still married on December 31, 2016, you can file as married filing jointly. The IRS allows the surviving taxpayer to file a joint return for the year of one spouse's death.

For the two years following the death of your spouse, if you have a dependent child and meet all of the requirements listed in the following link, you can use the filing status “qualifying widow(er) with dependent child.”

http://www.bankrate.com/finance/taxes/tax-filing-status-after-death-of-spouse.aspx

Please let me know if I can assist you further.

Thank you and best regards,

Barb

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Customer reply replied 8 months ago
I wanted to file separately from my ex husband but he passed away before the final divorce court date, since I'm no sure what income/expenses he has for the year as we were separated. Can I file Head of Household with my dependent child?

Did you live apart from your husband during 2016 and for how long?

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Customer reply replied 8 months ago
we lived apart and for about a year

You can file as Head of Household if you meet the following requirements:

Even if you are still legally married, you may be considered unmarried for the purposes of the Head of Household filing status if all 5 of the following statements are true:

  1. You are not filing a joint return.
  2. You paid more than half of the costs of keeping up the home during the year.
  3. Your spouse did not live with you anytime during the last 6 months of the year (temporary absences don't count as not living with you).
  4. Your Qualifying Person is your child, stepchild, or foster child and they lived in your home for more than half the year (except temporary absences).
  5. You are able to claim an exemption for the child (meaning they qualify as your dependent), or you cannot take the exemption only because the noncustodial parent qualifies for it.

Based on the information you provided, you can file as Head of Household and claim your dependent child.

Please take a moment to rate my answer since that is the only way I receive credit for answering you.

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Customer reply replied 8 months ago
Great thanks. ***** file as a qualifying widower, would I have to include his income for the year?

Qualifying widow does not come into play in your case because you are using the Head of Household filing status for 2016 and all subsequent years.

Qualifying widow would have applied to you IF you filed married filing jointly for 2016.

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Customer reply replied 8 months ago
I havent filed my 2016 tax return yet and trying to figure out how to file. I filed separate in 2015.

I provided the requirements to file as head of household for 2016. You meet the requirements.

Head of household will be your filing status going forward.

Barbara
Barbara, Enrolled Agent
Category: Tax
Satisfied Customers: 6,175
Experience: 20+ years of experience in tax preparation; 30+ years of experience as a real estate/corporate paralegal.
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Barbara and 87 other Tax Specialists are ready to help you
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Customer reply replied 8 months ago
Thanks Barbara!

Thank you for the positive rating of my answer. It is very much appreciated!

Have a great week!

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