Filing separately after spouse passed away?

[Yuwong]

My wife passed away last year was filling this year using turbo tax free edition but I noticed that is just giving me the jointly filing option , is it ok to do thiis way?

Thanks for your help!

[DoninGA]

Yes.  If your spouse passed away in 2022 then you can file your 2022 tax returns as Married Filing Jointly.

[VolvoGirl]

You can file a Joint return the year your spouse died.  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.

Then you should start over and set up a new account for yourself and not transfer from last year.  You will have to re enter any prior carryovers and depreciation, etc. manually.

[marctu]

@Yuwong thank you for your question, and I am sorry for your loss.  For 2022, you can file as married filing jointly.   The rule that governs is:  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 Surviving Spouse filing status.

So what is a Qualifying Surviving Spouse (formerly known as the Qualifying Widow or Qualifying Widower status) is a filing status that allows you to retain the benefits of the Married Filing Jointly status for two years after the year of your spouse's death. You must have a dependent child to file as a Qualifying Surviving Spouse. 

The Qualifying Surviving Spouse if you have a dependent child is the most beneficial tax filing status as it has the largest standard deduction and the income tax brackets capture more taxable income, which results in less tax paid.

All the best,

Marc T.

TurboTax Live Select Time Tax Expert

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[2libseale8]

my husband passed in 2022. My son filed for me for 2022. I have no dependent children and am retired.  I receive Social Security income and military retirement income.  do I have to file a tax refund?  I also am 79 years old. 

[DoninGA]

@2libseale8 

It depends on your total taxable income.

Since you are filing as Single and are age 65 or older then your Standard Deduction is $15,700.  So if your taxable income is less than your Standard Deduction you will not have to file a tax return.

Up to 85% of Social Security Retirement/Disability/Survivors benefits becomes taxable when all your other income plus 1/2 your social security reaches:

• Married Filing Jointly - $32,000
• Single or Head of Household - $25,000
• Married Filing Separately - 0

[VolvoGirl]

If your income is low and you don't need to file you can still file to get back any withholding taken out like from 1099R box 4 or from the Social Security box 6.