Rules for Qualifying Widow(er) Status

You are eligible to file your tax return using the qualifying widow(er) status for 2014, provided your spouse died in either 2012 or 2013. This status offers the same tax rates as if you were filing a joint return, though on an individual tax return. There are three additional rules that you are required to comply with in order to file as a qualifying widow(er):

  1. You are not re-married prior to 2015. If so, you can file married filing jointly with your new spouse.
  2. You have a qualifying dependent in 2014. A dependent can be a child, stepchild, or adopted child for who you provided housing for. You must have paid the expenses of keeping a home for both you and the dependent for the entire year, and aside from absences due to school, hospital stays, or vacations, the dependent must reside with you for all of 2014. Foster children are not eligible by these rules.
  3. The year your spouse passed, you were able to file a joint tax return, regardless of whether you did or not.

If all three of these rules apply to you, and you don’t itemize your deductions through Schedule A of Form 1040, you can use the standard deduction available to married couples who chose to file jointly.