Qualifying Surviving Spouse

[Shannybaby]

My spouse passed away in 2023. This year I am eligible to file as a qualifying surviving spouse. My spouse is on the federal tax offset list. Would it be in my best interest to file as single? I am worried my refund will be garnished for the money he owes. Does anyone have knowledge about this subject>

[AmyC]

It depends. There is a chance the debt is also yours. Let's go through the options.

• If the debt is something that you end up also being responsible for, they can take refund. See  Debts and Deceased Relatives | Consumer Advice| FTC.
• If you know that it isn't your debt, you could file an injured spouse form to claim your refund. See What is an innocent spouse and how does it differ from an injured spouse? This must be mailed in and takes longer to process but you will have the advantage of the married status and deductions.
• If you just want to file with no hassles and be done, filing on your own would be quick and easy.

I am very sorry for your loss.