How do I correct my deceased spouses information for 2016, if he passed in 2015?

[menchacafamily41]

My spouse passed 12/26/2015. I filed my 2015 taxes as married filing jointly. His employer filed a w-2 for 2016 with his remaining December 2015 income that paid in January of 2016. I did not include in my 2016 return because I didn't know about that w-2. Do I amend my 2016 return and how? or Do I file a return for him only as a deceased taxpayer?

[SweetieJean · Accepted solution]

No.  Any 2016 income goes to his Estate, and is reported on a Form 1041 Estate Income Tax return.

IRS Form 1041, U.S. Income Tax Return for Estates and Trusts, is required if the estate generates more than $600 in annual gross income.

https://www.irs.gov/businesses/small-businesses-self-employed/deceased-taxpayers-filing-the-estate-i...

[menchacafamily41]

What if there is no estate set up for him. Is this just for tax purposes?

[SweetieJean]

How did you cash his last paycheck?  And what state did he pass in?

[menchacafamily41]

it was a direct deposit into our mutual checking account for Colorado

[menchacafamily41]

would this be something I could use form 1310 for refunds due a deceased taxpayer?

[SweetieJean]

Not for 2016.

[SweetieJean]

Please see a local estate attorney or CPA. (My own spouse died in 2014, but received income in 2015 that had to be processed through his Estate.)

[menchacafamily41]

Thankyou for your help! Its all so complicated

[SweetieJean]

Good luck.

[menchacafamily41]

🙂 sorry for your loss as well