Which category to file under

MinnieMouse
MinnieMouse Member Posts: 3 Newcomer

I am a widow. Do I need to file as a single person?

Tagged:

Answers

  • MinnieMouse
    MinnieMouse Member Posts: 3 Newcomer

    hope you can help

  • GerhardtQ
    GerhardtQ FreeTaxUSA Agent Posts: 20
    edited December 10

    Great question!

    Generally, if your spouse passed away during the tax year you're filing for, you'll file as 'married filing jointly'. That's because the IRS will consider you married for the entire year if you were married for at least part of it.

    If your spouse passed on in the year prior to the year you're filing for, you may claim what's called the 'Qualified Surviving Spouse' status, but only if you're claiming a qualifying dependent (or, in IRS lingo, a 'qualifying person') on your return, ie a child or a dependent parent.

    If your spouse passed away more than a year ago and you are not claiming a 'qualifying person' on your return, you'll use the 'Single' filing status.

    I hope this helps! For more information, check out the 'What is My Filing Status?' questionnaire on the IRS website here:

  • JulieO
    JulieO FreeTaxUSA Agent Posts: 7

    Hi MinniMouse,

    Thanks for the question.

    The answer depends on when your spouse passed. If it was during the same year you are filing for (for example, you are filing a 2024 return and they passed during 2024) then you can file as married filing jointly for that year. The year of death is the last year for which you can file jointly with your spouse.

    You can use the filing status of qualifying surviving spouse for two years following the year your spouse passed, if: you haven't remarried, you qualified to file as married filing jointly with your spouse for the year they passed, you have a child, stepchild, or adopted child you claim as your dependent, and you paid more than half the cost of maintaining your home. This must be the main home of your dependent child for the entire year, except for temporary absences.

    If neither of the two filing statuses above apply to you, you haven't remarried, and you have no dependents, then you would file as single.

    For more information regarding different filing statuses please see:

    https://www.irs.gov/publications/p501#en_US_2023_publink1000220742