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.
The qualifying widow(er) standard deduction is the same as married filing jointly. Although there are no additional tax breaks for widows, using the qualifying widow status means your standard deduction will be double the single status amount.
Filing a Married Filing Separately Return
This still may be the best choice for you depending how much income your spouse earned before he died (assuming he had earned income the year of his death). But if he died early in the year, filing a Married Joint Return may now be to your advantage.
The tax rates for a Qualifying Surviving Spouse are the same as for couples filing a joint return and are lower than the tax rates for a Head of Household. So if you are eligible to use the Qualifying Surviving Spouse status, you should do so.
For the two years following the year of death, the surviving spouse may be able to use the Qualifying Widow(er) filing status. To qualify, the taxpayer must: Be entitled to file a joint return for the year the spouse died, regardless of whether the taxpayer actually filed a joint return that year.
While individuals cannot deduct funeral expenses, eligible estates may be able to claim a deduction if the estate paid these costs. However, if your estate is below the $12,060,000 federal estate tax exemption limit (2022 tax year), you cannot use this deduction.
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.
Qualifying widow or widower
Surviving spouses with dependent children may be able to file as a Qualifying Widow(er) 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.
Tax-bracket shifts
Surviving widow(er)s retain the benefits of joint filing for up to two years after the year of the spouse's death, and then typically file as head of household. Beware the shift from joint filer to single filer. The survivor's tax rate may stay the same or even rise while his or her income drops.
After the two-year period has ended, you may no longer file as Qualifying Surviving Spouse . If you remarry at this point, you can then file as Married Filing Jointly or as Married Filing Separately. You are considered single if you do not remarry in the third year after your spouse's death.
The standard deduction amounts for 2023 are: $27,700 – Married Filing Jointly or Qualifying Surviving Spouse (increase of $1,800) $20,800 – Head of Household (increase of $1,400) $13,850 – Single or Married Filing Separately (increase of $900)
Surviving spouse, full retirement age or older — 100% of the deceased worker's benefit amount. Surviving spouse, age 60 — through full retirement age — 71½ to 99% of the deceased worker's basic amount. Surviving spouse with a disability aged 50 through 59 — 71½%.
Head of household (HOH) filing status allows you to file at a lower tax rate and a higher standard deduction than the filing status of single.
Widow or widower, age 60 or older, but under full retirement age, gets between 71% and 99% of the worker's basic benefit amount. Widow or widower, any age, with a child younger than age 16, gets 75% of the worker's benefit amount.
Up to 85% of a taxpayer's benefits may be taxable if they are: Filing single, head of household or qualifying widow or widower with more than $34,000 income. Married filing jointly with more than $44,000 income. Married filing separately and lived apart from their spouse for all of 2021 with more than $34,000 income.
Looking to the new year, the 2023 IRS standard deduction for seniors is $13,850 for those filing single or married filing separately, $27,700 for qualifying widows or married filing jointly, and $20,800 for a head of household.
If you were married on the last day of the year, then you cannot file as single. However, you can file as Married Filing Separately instead of filing a joint return with your spouse.
Yes, the IRS will allow tax returns for deceased taxpayers (also called decedent returns) to be e-filed. Before you file a decedent return, make sure the Social Security Administration has been notified of the taxpayer's death.
A surviving spouse, surviving divorced spouse, unmarried child, or dependent parent may be eligible for monthly survivor benefits based on the deceased worker's earnings. In addition, a one-time lump sum death payment of $255 can be made to a qualifying spouse or child if they meet certain requirements.
On the final tax return, the surviving spouse or representative should note that the person has died. The IRS doesn't need a copy of the death certificate or other proof of death. Usually, the representative filing the final tax return is named in the person's will or appointed by a court.
If you don't file taxes for a deceased person, the IRS can take legal action by placing a federal lien against the Estate. This essentially means you must pay the federal taxes before closing any other debts or accounts. If not, the IRS can demand the taxes be paid by the legal representative of the deceased.
In general, file and prepare the final individual income tax return of a deceased person the same way you would if the person were alive. Report all income up to the date of death and claim all eligible credits and deductions.