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February 1, 2021
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My spouse died in Nov/2020. Because I always file married but separate went ahead

  • February 1, 2021
  • 1 reply
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Mine are done and pending for 2020 as I efiled. He only has pandemic unemp to claim. (Taxes were taken out for that upfront.)
Best answer by MayaD

Yes, you can file his return as Married filing separately.

Taxpayers whose spouses died during the tax year are considered married for the entire year, provided they did not remarry. The surviving spouse is eligible to file as Married Filing Jointly or Married Filing Separately.

If filing Married filing separately, the deceased spouse's filing status becomes Married Filing Separately.

1 reply

February 1, 2021

That whole post was jumbled all to heck and back.

Original question is:

My husband died in Nov of 2020. I without thinking because i usually always file married but separate went ahead and did my 2020 taxes married but separate in Jan and already efiled. Is it ok to file his also married but separate?

MayaDAnswer
February 3, 2021

Yes, you can file his return as Married filing separately.

Taxpayers whose spouses died during the tax year are considered married for the entire year, provided they did not remarry. The surviving spouse is eligible to file as Married Filing Jointly or Married Filing Separately.

If filing Married filing separately, the deceased spouse's filing status becomes Married Filing Separately.

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February 12, 2021

Thanks so much!

Have a great day.

D