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My spouse died 1 15 23. I'm trying to file married filing jointly but when I put in the death date it says it has to be later than 1 1 24.

 
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3 Replies
MindyB
Expert Alumni

My spouse died 1 15 23. I'm trying to file married filing jointly but when I put in the death date it says it has to be later than 1 1 24.

I am sorry for your loss.  That is correct.  You will not file a married filing jointly return since your spouse passed before the tax year began. 

 

If you have a qualifying child, you might be able to file as a Qualifying Surviving Spouse. TurboTax will help determine if you qualify in the interview section.

 

Here is come information you may find useful: How should I file my return if my spouse recently died?

My spouse died 1 15 23. I'm trying to file married filing jointly but when I put in the death date it says it has to be later than 1 1 24.

For a spouse who passed away in 2023 you would be able to file as Married Filing Jointly on the 2023 tax return.

For tax year 2024, if you have not remarried or have a dependent child, you file your 2024 tax return as Single.

 

You should create a new account with a new User ID since you can no longer file as Married Filing Jointly with your spouse.

My spouse died 1 15 23. I'm trying to file married filing jointly but when I put in the death date it says it has to be later than 1 1 24.

Sorry for your loss. I lost my husband in 2023 too.
You can file a Joint return as normal for 2023. For the next two years following a husband's or wife's death, the surviving spouse can file as a qualifying widow or widower if they have a qualifying child. That basically lets you continue to use the same tax brackets that apply to married-filing-jointly returns. After the year of death if you don't have a child you file as Single.


For 2024 you need to start over with a new return and new account. And don't transfer from 2023. You can't delete a spouse especially if he was listed first.

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