MUST I file tax return in 2018

[Ethanas14]

Hi

My husband passed away in 2018, according to IRS 2018 Publication 501 “filing requirement” I do NOT REQUIRE to file tax return for us (me and my deceased husband). I would like to know which FACTOR will determine whether I MUST file tax return or not, Death of family member OR Filing Requirement ? Can anyone help me please ?

Thank You

[Carl]

I'm sorry for your loss. You don't give us much to work with here. If your only source of income for both of you in 2018 was SSI, then you are not required to file a return.

So do either of you have "ANY" income in 2018 that was not from social security? If so, was any taxes withheld on that amount?

[Ethanas14]

Thanks for your help, Carl. Please allow me adding more detail of my situation. my family 2018 Income comes from Social Security Benefit (not SSI), and LESS Than $200 (annual) in pension. My family 2018 Gross Income is LESS than 10K . Base on 2018 Publication 501 “Filing Requirement”, It seems that I do NOT REQUIRE to file, but I LOST my husband in 2018. I would like to know what FACTOR (filing requirement OR loss family member OR combination of both) will determine whether I MUST File tax return or not ? In other word, the death of my husband will change my “Filing Requirement” in 2018 ?

Thank you again.

[Carl]

The passing of your husband does not change your filing "requirement" for 2018, because for tax purposes, as far as the IRS is concerned your filing "STATUS" for the entire year can be Married Filing Joint. IRS Pub 501, page 5, "Spouse died. If your spouse died during the year, you are considered married for the whole year and can choose married filing jointly as your filing status."

So to reintegrate, the loss of your husband has absolutely no impact on your requirement for file a 2018 tax return.  For married filing joint, if 1/2 of your SS income plus all other income from all other sources exceeds $32,000 then you are required to file.

Now if that total is "LESS" than $32,000 then no filing is required. However, if *any* taxes were withheld on "any" income, then you "should" file in order to get those withheld taxes refunded to you. But you don't have to file if you don't want to.

[Ethanas14]

Many Thanks to you, Carl. If I choose NOT to file in 2018, but file in next year (2019), during the year, if I haven’t married plus NO dependent in my family, then my “filing status” will be changed to “single” in 2019 right ?

Also, it seems to me that even I do not file in 2018, the IRS will still hold my 2018 Refund, I will have 3 years to claim for it (I am not sure the time), have you even heard such “claim” policy before ? If you do, how do I claim it ? Can you share the details with me ?

Thanks

[Carl]

You have three years from the due date of the return to file for any refund. After that mark is passed, you can file if you want but you will not get your refund.  I'm at a loss as to why anyone would want to wait, and why you would want to allow the government to have use of your money, interest free for even one day longer than necessary. But the bottom line is, it's your choice and up to you.

[Ethanas14]

Regard changing the Filing Status, if I do NOT remarry plus NO dependent in my family, I will have to use “Single” in filing 2019 tax return OR I can continue use “Married File Joint” Status in the following year (2019) ?

Thanks

[Carl]

Unless you remarry in 2019 or after, the 2018 tax return will be the last tax return you will *ever* file as married.