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Articles From Lumsden McCormick

Tax Considerations for Surviving Spouses When Filing a Joint Return

When a spouse passes away, the surviving spouse is faced with numerous financial and tax decisions, one of the most critical being whether to file a joint or separate tax return for the year of the spouse’s death.

Timing of the Final Tax Return

Upon the death of an individual, their personal representative, often referred to as an executor, is responsible for filing the final income tax return for the year of death. This tax year begins on January 1 and concludes on the date of death, with the return due by April 15 of the following year. Income included in this final return is determined based on the deceased's usual tax accounting method. For example, if the cash method was used, only income received and expenses paid before death are reported. Any income or expenses occurring after death are accounted for in the estate tax return.

The surviving spouse, along with the personal representative, has the option to file a joint return. If a personal representative has not been appointed by the filing deadline, the surviving spouse can independently elect to file jointly, although this election can later be revoked by a court-appointed personal representative.

Advantages of Filing a Joint Tax Return

In the year of death, the surviving spouse is considered married for the entire year, allowing for the possibility of filing a joint return with the estate’s cooperation. This joint return would include both the deceased’s income and deductions up to the date of death, as well as the surviving spouse’s income and deductions for the full year.

Filing jointly can offer several advantages:

- Lower Tax Rates: Depending on the combined income, a joint return may result in a lower overall tax rate.

- Larger Tax Credits: Certain tax credits may be larger or more accessible on a joint return than if filing separately.

- Higher IRA Contribution Limits: Joint filers may benefit from higher IRA contribution limits and deduction amounts.

However, it’s important to consider potential disadvantages, such as a higher adjusted gross income (AGI), which can reduce the tax benefits of certain deductions, like medical expenses that are deductible only when they exceed a specific percentage of AGI.

Seek Professional Guidance

If you’ve recently lost your spouse, it’s crucial to consult a tax professional before deciding whether to file a joint return. We can help you compare the tax liabilities of filing jointly versus separately and explore other potential filing options, such as qualifying widow(er) or head of household, based on your specific circumstances.

Tax Considerations for Surviving Spouses When Filing a Joint Return

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As a tax manager, John provides tax compliance and planning services to a variety of commercial businesses and individuals. He specializes in rental real estate partnerships and real estate transactions and works in tax planning and compliance for high-wealth individuals. John is also a member of the Firm's training committee.

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