Tax

Have a Tax Question? Ask a Tax Expert

Ask an Expert,
Get an Answer ASAP!

Tax
This answer was rated:

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

husband and I were going...
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?
Show More
Show Less
Ask Your Own Tax Question
Answered in 59 minutes by:
10/3/2017
Barbara
Barbara, Enrolled Agent
Category: Tax
Satisfied Customers: 4,065
Experience: 20+ years of experience in tax preparation; 30+ years of experience as a real estate/corporate paralegal.
Verified

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

Ask Your Own Tax Question
Customer reply replied 1 month 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?

Ask Your Own Tax Question
Customer reply replied 1 month 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.

Ask Your Own Tax Question
Customer reply replied 1 month 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.

Ask Your Own Tax Question
Customer reply replied 1 month 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: 4,065
Experience: 20+ years of experience in tax preparation; 30+ years of experience as a real estate/corporate paralegal.
Verified
Barbara and 87 other Tax Specialists are ready to help you
Ask your own question now
Customer reply replied 1 month ago
Thanks Barbara!

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

Have a great week!

Ask Your Own Tax Question
Ask Barbara Your Own Question
Barbara
Barbara
Barbara, Enrolled Agent
Category: Tax
Satisfied Customers: 4,065
4,065 Satisfied Customers
Experience: 20+ years of experience in tax preparation; 30+ years of experience as a real estate/corporate paralegal.

Barbara is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response...

T.G.WMatteson, IL

I WON!!! I just wanted you to know that your original answer gave me the courage and confidence to go into yesterday's audit ready to fight.

BonnieChesnee, SC

Great service. Answered my complex tax question in detail and provided a lot of additional useful information for my specific situation.

JohnMinneapolis, MN

Excellent information, very quick reply. The experts really take the time to address your questions, it is well worth the fee, for the peace of mind they can provide you with.

OrvilleHesperia, California

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

< Previous | Next >

Meet the Experts:

Wallstreet Esq.

Wallstreet Esq.

Tax Attorney

586 satisfied customers

10 years experience

Mark D

Mark D

Enrolled Agent

1,300 satisfied customers

MBA, EA, Specializing in Business and Individual Tax Returns and Issues

Richard

Richard

Tax Attorney

4,310 satisfied customers

29 years of experience as a tax, real estate, and business attorney.

Robin D.

Robin D.

Senior Tax Advisor 4

13,695 satisfied customers

15years with H & R Block. Divisional leader, Instructor

Megan C

Megan C

Certified Public Accountant (CPA)

8,651 satisfied customers

Licensed CPA, CFE, CMA, CGMA who teaches accounting courses at Master's Level

jgordosea

jgordosea

Enrolled Agent

2,885 satisfied customers

I've prepared all types of taxes since 1987.

R. Klein, EA

R. Klein, EA

Enrolled Agent

1,839 satisfied customers

Over 20 Years experience

< Previous | Next >

Related Tax Questions
I filed for an extension to file my 2017 income tax return.
I filed for an extension to file my 2017 income tax return. I recently suffered a stroke - 6 weeks ago - and have been unable to finalize my return. I should be able to file it within the next 30 days… read more
Barbara
Barbara
Enrolled Agent
4,065 satisfied customers
Married filing jointly. AGI $170k. we have an extension for
Married filing jointly. AGI $170k. we have an extension for our 1040 My employer has a retirement plan. Wife is self employed with $6700 Net Profit on Schedule C Line 12 1) Can she contribute $6500 to… read more
emc011075
emc011075
Senior Tax Specialist
Bachelor's Degree
16 satisfied customers
My husband and I are separated/divorced. He filed 2016 tax
Hi, My husband and I are separated/divorced. He filed 2016 tax returns without my consent. Is this legal?… read more
abci168
abci168
Principal
27 satisfied customers
My wife and I file a joint return she makes much more than
My wife and I file a joint return she makes much more than I , about 1/2 or less , for paying my share of the taxes would it be better for me to file separately or is it the same amount keeping it as … read more
Robin D.
Robin D.
Senior Tax Advisor 4
Vocational, Technical or Trade School
13,695 satisfied customers
A divorce lawyer suggested that I may be allowed to file as
Hello, a divorce lawyer suggested that I may be allowed to file as single rather than married filing separately even though my divorce will not go through until next year because my husband deserted m… read more
abci168
abci168
Principal
27 satisfied customers
We have been filing income taxes as married, filing jointly,
Hello My name is*****: What state are you in? It matters because laws vary by location. Customer: We have been filing income taxes as married, filing jointly, in California … read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
We lost child tax credit this year by making $152000...that
We lost child tax credit this year by making $152000...that $2k cost us over $7k in taxes. Is there anything to do about that? … read more
Barbara
Barbara
Enrolled Agent
4,065 satisfied customers
Living separately but filing jointly with a child dependent.
living separately but filing jointly with a child dependent. While fulfilling all but one requirements for the EIC and CTC, am I entitled for this credit (and child credit as well) when I fail on the … read more
abci168
abci168
Principal
27 satisfied customers
I qualify for renters credit and am head of household now
ok I qualify for renters credit and am head of household now how and where do I fill out necessary paperwork for 120.00 a year and do I ,or can I receive the credit for the past 2 years? thank you for… read more
abci168
abci168
Principal
27 satisfied customers
My wife and I have always filed joint returns. We were
My wife and I have always filed joint returns. We were audited in 2003 and 04. We owed taxes. Our returns were always filed on time. We set up an installment agreement for back taxes in 2008. All taxe… read more
Barbara
Barbara
Enrolled Agent
4,065 satisfied customers
I have filed head of household due to being the only income
I have filed head of household due to being the only income and taking care of 5 kids yet I am married yet not together under the same roof do I need to amend my taxes I think I may have gotten wrong … read more
Robin D.
Robin D.
Senior Tax Advisor 4
Vocational, Technical or Trade School
13,695 satisfied customers
Can franking credit on an Australian income tax return be
Can franking credit on an Australian income tax return be used on Form 1116 as tax paid on the franked distributions? … read more
Robin D.
Robin D.
Senior Tax Advisor 4
Vocational, Technical or Trade School
13,695 satisfied customers
I would like to stop filing a married joint return and go
I would like to stop filing a married joint return and go back to filing married single return. my wife has my return and wants to file jointly we have filed an extention 4868. … read more
NPVAdvisor
NPVAdvisor
CFP Licensee and Practitioner
Master's Degree
180 satisfied customers
My daughter filed for head of household and her 17 year old
My daughter filed for head of household and her 17 year old daughter made4 $4000What is the limit on her child's earnings to file as head of household? … read more
NPVAdvisor
NPVAdvisor
CFP Licensee and Practitioner
Master's Degree
180 satisfied customers
I filed a joint return through TurboTax. My taxable income
I filed a joint return through TurboTax. My taxable income was $87,829. Using the IRS's published tax rate schedule, the tax I owe should be $13,499.25. TurboTax calculated I owe $17,787 (this compare… read more
emc011075
emc011075
Senior Tax Specialist
Bachelor's Degree
16 satisfied customers
This year I will be filing married filing jointly. I
Good morning Pearl. This year I will be filing married filing jointly. I contriubute the max amount I can to my 401k and my spouse is close. We put some in Roth and some in before tax in our 401k. We … read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
Filing a joint return...additional income my wife earned is
filing a joint return...additional income my wife earned is offering private German language lessons...no business records, nor does she operate as listed business...word of mouth per social networkin… read more
Robin D.
Robin D.
Senior Tax Advisor 4
Vocational, Technical or Trade School
13,695 satisfied customers
A taxpayer files a head of household return in 2015 & claims
A taxpayer files a head of household return in 2015 & claims his daughter. The daughter graduates college in December of 2015. She moves home & lives with her father from 12/22/15 - 9/14/2016. She mov… read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x