My husband died on 29 July 2022. I filed my 2022 taxes jointly. How many years after his passing can I continue to file jointly? I think at the time I filed I was told I could continue for 3 years but I've since heard that's changed...has it? And if it has changed what's the new rule about joint filing for widows?
Hi,
Sorry to hear about your husband. Please see the updated rule in bold below.
Here is an article regarding filing jointly/widow:https://turbotax.intuit.com/tax-tips/family/death-in-the-family/L5albFXM4
TurboTax Tip: All tax-deductible expenses paid before death can be written off on the final return. If deductions aren't itemized, the Standard Deduction may be claimed. If the taxpayer was married, the spouse may file a joint return for the year of death, claiming the full Standard Deduction.
Here is information regarding filing a final return for your husband:
If the taxpayer was married, the spouse may file a joint return for the year of death, claiming the full standard deduction, and using joint-return rates.
The executor usually files a joint return, but the surviving spouse can file it if no executor or administrator has been appointed. If the surviving spouse has a qualifying dependent and meets other requirements, they can file as a qualifying widow/widower for the two years following a spouse's death. That basically lets you continue to use the same tax brackets that apply to married-filing-jointly returns. Otherwise, the surviving spouse can file a joint return for the year of death.
If an executor or administrator is involved, they must sign the return for the decedent. When a joint return is filed, the spouse must also sign. When there is no executor or administrator, whoever is responsible for filing the return should sign the return and note that they are signing "on behalf of the decedent." If a joint return is filed by the surviving spouse alone, they should sign the return and write "filing as surviving spouse" in the space for the other spouse's signature.
If a refund is due, there's one more step. You should also complete and file with the final return a copy of Form 1310, Statement of Person Claiming Refund Due a Deceased Taxpayer. Although the IRS says you don't have to file Form 1310 if you are a surviving spouse filing a joint return, you probably should file the form anyway to head off possible delays.
Feel free to call us at 1-800-446-8848 if you would like us to walk you through the return.
Thank you,
John
CPA