This is what should be done:The 1099-MISC should have the amount in Box 3.As the surviving spouse who received the money, the 1099-MISC is correctly in your Social Security Number and should go on your tax return (it should probably have your name on it, but having his name on it won't hurt anything).The amount should have been added to Boxes 3 and 5 of his W-2 (Social Security and Medicare), but NOT Box 1 (taxable income). Because of this, it is NOT taxed twice.You can enter it as "other income" on your tax return. If the employer did that, everything is correct.

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LisaVee

Level 3

Solved

My deceased husband employer issued a 1099-misc form to me How do i include this so it's not concern self employment income. My husband past 01/15/19 his employer issued the 1099-misc form to me because of unused vacation time, etc that was paid in 2

Forum|Forum|6 years ago
February 6, 2020
2 replies
6 views

No text available

Best answer by AmeliesUncle

This is what should be done:

The 1099-MISC should have the amount in Box 3.
As the surviving spouse who received the money, the 1099-MISC is correctly in your Social Security Number and should go on your tax return (it should probably have your name on it, but having his name on it won't hurt anything).
The amount should have been added to Boxes 3 and 5 of his W-2 (Social Security and Medicare), but NOT Box 1 (taxable income). Because of this, it is NOT taxed twice.
You can enter it as "other income" on your tax return.

If the employer did that, everything is correct.

jtax

Level 10

@LisaVee I am sorry for your loss. See if this previous answer helps you. Even though it is for a someone in your same situation where the payment was in a later year, I think probably applies to you. The key thing I think is that you have the 1099-MISC in your name,

https://ttlc.intuit.com/community/taxes/discussion/my-deceased-husband-employer-issued-a-1099-misc-form-to-me-how-do-i-include-this-so-it-s-not-concern/00/120469

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LisaVeeAuthor

Level 3

Hi Jax,

the 1099-Misc is in my husband's name, but has my Social Security Number on it. Should I consider this my income? and put my name in Turbo Tax?

I have read that the company should have taken out FICA & Med Care (and Futa) is that correct?

thanks for any help you can give.

LisaVee

jtax

Level 10

Thank you for clarifying.

Very odd to have his name and your SSN, but I wouldn't worry about it. That seems wrong.

is the amount on the 1099-MISC also including in your husband's W-2?

See this IRS publication. Page 3 "Deceased employee's wages" ... they have a detailed example.

https://www.irs.gov/pub/irs-pdf/i1099msc.pdf

What confuses me is that it says there should be a 1099-MISC (in your name not his) issued no matter what. But that if it is paid in the year of death, it should also be included in the W-2 and employment taxes withheld. If paid in a year after death, for some reason, there is no employee taxes paid and no W-2.

So if it was also in the W-2 then you want to be very careful that the income isn't double-counted. Not sure how to do that. Perhaps somebody else knows. Of if you find it is double counted as another again.

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AmeliesUncleAnswer

Level 15

This is what should be done:

The 1099-MISC should have the amount in Box 3.
As the surviving spouse who received the money, the 1099-MISC is correctly in your Social Security Number and should go on your tax return (it should probably have your name on it, but having his name on it won't hurt anything).
The amount should have been added to Boxes 3 and 5 of his W-2 (Social Security and Medicare), but NOT Box 1 (taxable income). Because of this, it is NOT taxed twice.
You can enter it as "other income" on your tax return.

If the employer did that, everything is correct.