`
cancel
Showing results for 
Search instead for 
Did you mean: 
Highlighted
New Member

I received a 1099 c form for my deceased husband. He passed away in 2016. I am not planning to file a tax return for him this year. What do I do with this information?

I do not plan on filing a return for him.  What do I need to do with this information?  

1 Best answer

Accepted Solutions
Highlighted
New Member

I received a 1099 c form for my deceased husband. He passed away in 2016. I am not planning to file a tax return for him this year. What do I do with this information?

I am very sorry for your loss.

A 1099-C is a form a debtor sends when they cancel a debt.  The canceled debt is considered income.

Considering your husband passed away in 2016, you cannot do a joint return this year.  Therefore, there is not a return to add the income unless there was an estate opened.  If there was no estate or probate opened or the estate was closed, then there is nothing you can add it to. If you want to be cautious you can put "deceased " on it and send to the IRS with a letter or you can address it later if they contact you over it.

If you are on the 1099-C as a joint recipient of the canceled debt, you need to include it on your return.

View solution in original post

6 Replies
Highlighted
New Member

I received a 1099 c form for my deceased husband. He passed away in 2016. I am not planning to file a tax return for him this year. What do I do with this information?

I am very sorry for your loss.

A 1099-C is a form a debtor sends when they cancel a debt.  The canceled debt is considered income.

Considering your husband passed away in 2016, you cannot do a joint return this year.  Therefore, there is not a return to add the income unless there was an estate opened.  If there was no estate or probate opened or the estate was closed, then there is nothing you can add it to. If you want to be cautious you can put "deceased " on it and send to the IRS with a letter or you can address it later if they contact you over it.

If you are on the 1099-C as a joint recipient of the canceled debt, you need to include it on your return.

View solution in original post

Highlighted
Level 2

I received a 1099 c form for my deceased husband. He passed away in 2016. I am not planning to file a tax return for him this year. What do I do with this information?

Does it make a difference in a community property state.  My wife died in 2018.  I just received the 1099-C from one of her creditors.  

Highlighted
Expert Alumni

I received a 1099 c form for my deceased husband. He passed away in 2016. I am not planning to file a tax return for him this year. What do I do with this information?

Sorry for your loss.

 

The fact that you are in a community property state does not make a difference; however, as a widow you may file as Married File Jointly for the year of death, but you need not file that way if you prefer to file as Single.

 

Notwithstanding that, given that there is a 1099-C in her name, it may be more advantageous if you file as Single. You wouldn't get the advantage of Married tax rates, but you would not pick up any of her income.

 

If you don't file Married Filing Joint then joint and several liability for tax debt would not apply so even if they assessed your deceased wife, you would not be liable because you didn't file jointly.

 

Conversely, if you DO file jointly, then EVEN IF the 1099-C is in her name, you will be assuming responsibility for the tax implications of it.

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
Highlighted
Level 2

I received a 1099 c form for my deceased husband. He passed away in 2016. I am not planning to file a tax return for him this year. What do I do with this information?

Thank you for the reply.  I did file as Married filing Jointly for 2018.   My concern was for this year 2019.  Now that I just got these 1099-C's.   What if anything do I have to do.  File a tax return for her under her estate, which there wasn't one.  She had no income at the time of death, no property of her own, no savings.  I was just worried that living in a commuity property state I would have to declare the debit as my income even though it's been a year since her death.  Or for that matter if another 1099-C shows up in any upcoming years.

Highlighted
Level 2

I received a 1099 c form for my deceased husband. He passed away in 2016. I am not planning to file a tax return for him this year. What do I do with this information?

Just to clarify.  My wife died in July of 2018.  I filed a final joint tax return in 2019.  Just as I had done ever since we were married.   Now tax year 2019 I got the 1099-C as few days ago in 2020.  I have no minor children so I don't qualify to file as a widower.  I'm filing single for tax year 2019.  

Highlighted
Expert Alumni

I received a 1099 c form for my deceased husband. He passed away in 2016. I am not planning to file a tax return for him this year. What do I do with this information?

Yes, that is excellent you will be filing as Single. Do not include her 1099-C on your return!

 

 

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"