Filing Status

[rafrob37]

My parents have always filed separately, but my dad died in 2021. Should my mom file a joint return this year, or do their return separately? My concern is that the change in filing status will result in non-acceptance or other issues for her.

[ColeenD3]

She can file jointly even if she has filed separately in the past. The IRS accepts that things change from year to year.

What is Married Filing Jointly?

Married taxpayers who choose to file a joint return will use one return to report their combined income and to deduct combined allowable expenses. Married taxpayers can select this status even if one of the spouses did not have any income or any deductions. The Married Filing Jointly status can be claimed by taxpayers who, on the last day of the tax year:

• Were married and lived together.

• Were married and living apart, but were not legally separated under a divorce or separate maintenance decree. State law governs whether taxpayers are married or legally separated under a divorce or separate maintenance decree.

• Were common law married pursuant to the laws of the state in which they live (or in the state where the common law marriage began) and the marriage has not been dissolved, such as by death or divorce.

• Are the surviving spouse who did not remarry before the end of the tax year (surviving taxpayer can file a joint return with the deceased spouse).

[rafrob37]

So should I file a return for my deceased dad, even if I do a joint return for my mom?

[Critter-3]

NO ... if your mom files a joint return with your dad then that IS his return ... do not try to file another using his SS# or info.   All his info is reported on that one joint return. 

[rafrob37]

Thanks for your help!

[jacobsjoy1]

I believe my filing status should be Qualifying widow.  My husband died on January 28, 2020.  I filed my 2020 taxes in 2021 as a Qualifying widow.  My 2021 Taxes turbo tax filed my status as Single.  I thought I was entitled to continue as a Qualifying widow.  Don't I get to file as a qaulifying widow for two years after the year of my spouses death.

[DoninGA]

---

@jacobsjoy1 wrote:

I believe my filing status should be Qualifying widow.  My husband died on January 28, 2020.  I filed my 2020 taxes in 2021 as a Qualifying widow.  My 2021 Taxes turbo tax filed my status as Single.  I thought I was entitled to continue as a Qualifying widow.  Don't I get to file as a qaulifying widow for two years after the year of my spouses death.

---

You should have filed your 2020 tax return as Married Filing Jointly since your spouse passed away in 2020.  

On the 2021 tax return you can only file as a Qualifying Widow if you have a child as a dependent on your tax return.  If you do not have a child as a dependent and you have not remarried then on the 2021 tax return you have to file as Single.

You can file as a Qualifying Widow for two years after the year of your spouse's passing if you have a child as a dependent on your tax return.

[ColeenD3]

The key is Qualifiing Widow(er), not just Widow(er).

Who is a Qualifying Widow(er)?

Taxpayers who do not remarry in the year their spouse dies can file jointly with the deceased spouse. For the two years following the year of death, the surviving spouse may be able to use the Qualifying Widow(er) filing status.

To qualify, the taxpayer must:

• Be entitled to file a joint return for the year the spouse died, regardless of whether the taxpayer actually filed a joint return that year.

• Have had a spouse who died in either of the two prior years. The taxpayer must not remarry before the end of the current tax year.

• Have a child, stepchild, or adopted child who qualifies as the taxpayer’s dependent for the year or would qualify as the taxpayer’s dependent except that he or she does not meet the gross income test, or does not meet the joint return test, or except that the taxpayer may be claimed as a dependent of another taxpayer.

• Live with this child in the taxpayer’s home all year, except for temporary absences.

• Have paid more than half the cost of keeping up the home for the year. A foster child does not qualify a taxpayer for the Qualifying Widow(er) filing status.

@jacobsjoy1

[Sarah J Higgs]

What determines widow status as opposed to single?

[PattiF]

A taxpayer can file jointly with a deceased spouse in the year of death.   If the taxpayer has a dependent child then the taxpayer can file as "widow(er with dependent child" for the 2 years following the year of death (unless remarried).   After that, the filing status would be single or Head of Household if qualified.

@Sarah J Higgs