Pacun Posted September 30, 2019 Report Share Posted September 30, 2019 One of the rules to be a qualified widow is to have a child and to have had a choice of filing a joint return with the deceased, even if you didn't file jointly. I have thought about a circumstance when the person alive didn't have a choice of filing jointly and I only came up with this one: I get married in England in November 2019. My son is born in December 2019 and My wife dies on January. In February, I bring my child to live with me and lives with me for the next 17 years. Since my wife didn't have a social security, I was going to apply for an ITIN but we never talked about it. We both were going to sign a letter stating that we both agreed to treat her as a resident for tax purposes and that we were going to report worldwide income for her and myself. Since she never signed that document, I didn't have a choice to file jointly and therefore I don't qualify as a widow for 2020 an 2021. You can give your opinion to this statement. Besides the circumstance above, can you come up with another reason WHY you wouldn't have a choice to file with your wife/husband? Remember that you have a choice to file with your spouse even if that person sell drugs and kills people. Quote Link to comment Share on other sites More sharing options...
ILLMAS Posted September 30, 2019 Report Share Posted September 30, 2019 Jeez, I know this hypothetical question, but if this was a real question I would refer my client to a tax attorney better and not play superman/woman. 2 Quote Link to comment Share on other sites More sharing options...
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