You can file jointly in the year of your spouse's death (unless you remarry). However, after the year of death, you'll file as a single taxpayer, unless you are a qualifying widow(er) with a dependent child.
Filing the Year Following the Year of Death
It's called the qualifying widow(er) tax filing status. The qualifying widow status, which provides many of the same tax benefits as the married filing jointly status, is not available to everyone.
Widows often receive less income but will be pushed to higher tax brackets. In addition to higher tax rates, widows lose half the standard deduction as a single filer, increasing their tax bill as a result.
Note: The Qualifying Surviving Spouse standard deduction is the same as Married Filing Jointly. Although there are no additional tax breaks for widows, using this filing status means your standard deduction will be double the Single filer status amount.
After a spouse dies, some retirees face higher taxes, but it's possible to reduce the burden, experts say. The "survivor's penalty" happens when you shift from married filing jointly to single on your taxes. You can avoid the penalty by running tax projections and leveraging lower tax brackets early.
The qualifying widow(er) tax filing status allows for tax breaks for two years following the year of the death of a spouse. You have to remain single and you have to have a dependent living at home to qualify for this status. You may not use the qualifying widow(er) status in the year in which your spouse died.
A widow(er)'s exemption is a reduction of taxes allowed following the death of a spouse. It is intended to ease a potential financial burden on the surviving spouse and family that could result from their loss. The relief provided by states generally is in the form of reduced property tax.
Surviving spouse, at full retirement age or older, generally gets 100% of the worker's basic benefit amount. Surviving spouse, age 60 or older, but under full retirement age, gets between 71% and 99% of the worker's basic benefit amount.
Taxpayers who do not remarry in the year their spouse dies can file jointly with the deceased spouse. For the two years following the year of death, the surviving spouse may be able to use the Qualifying Surviving Spouse filing status.
Understanding Qualified Widows or Widowers
You can file taxes as a qualified widow(er) for the two years following their death. After that, you must opt for the status of either single filer or head of household.
Qualifying widow or widower
Surviving spouses with dependent children may be able to file as a Qualifying Surviving Spouse for two years after their spouse's death. This filing status allows them to use joint return tax rates and the highest standard deduction amount if they don't itemize deductions.
Remember, taxpayers whose spouses died during the tax year are considered married for the entire year, provided they did not remarry. The surviving spouse is eligible to file as Married Filing Jointly or Married Filing Separately.
Funeral expenses aren't tax deductible for individuals, and they're only tax exempt for some estates. Estates worth $11.58 million or more need to file federal tax returns, and only 13 states require them. For this reason, most can't claim tax deductions.
If your spouse built up entitlement to the State Second Pension between 2002 and 2016, you are entitled to inherit 50% of this amount; PLUS. If your spouse built up entitlement to Graduated Retirement Benefit between 1961 and 1975, you are entitled to inherit 50% of this amount.
Have you heard about the Social Security $16,728 yearly bonus? There's really no “bonus” that retirees can collect. The Social Security Administration (SSA) uses a specific formula based on your lifetime earnings to determine your benefit amount.
Social Security is the prime benefit available for widows. A surviving spouse can claim whichever is greater, their own benefit or the spouse's.
For two tax years after the year your spouse died, you can file as a qualifying widow(er), which gets you a higher standard deduction and lower tax rate than filing as a single person. You must meet these requirements: You haven't remarried.
Grieving your property taxes is the process of establishing that the value of your property is less than the valuation assigned by your assessing district. Overassessment occurs for many reasons. The assessor may have mis-measured your property or confused your property with another's.
Surviving spouses get the full $500,000 exclusion if they sell their house within two years of the date of the spouse's death, and if other ownership and use requirements have been met. The result is that widows or widowers who sell within two years may not have to pay any capital gains tax on the sale of the home.
The level of federal tax applied to survivor benefits is influenced by the beneficiary's income level and filing status. Depending on those variables, as much as 50% or 85% of the survivor benefits may be considered taxable income.
Claiming a refund
If you file a return and claim a refund for a deceased taxpayer, you must be: A surviving spouse/RDP. A surviving relative. The sole beneficiary.
If your spouse dies, do you get both Social Security benefits? You cannot claim your deceased spouse's benefits in addition to your own retirement benefits. Social Security only will pay one—survivor or retirement. If you qualify for both survivor and retirement benefits, you will receive whichever amount is higher.