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December 29, 2023
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My wife passed away in 2022. I was able to file a joint tax return for that year. Is it correct that I can file jointly for the succeeding two years (2023, 2024)?

  • December 29, 2023
  • 2 replies
  • 0 views
It appears IRS regulations require that you have to have a dependent in order to file jointly for the next two years.
Best answer by VolvoGirl

Right, only if you have a dependent.   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.

2 replies

VolvoGirl
VolvoGirlAnswer
Employee
December 29, 2023

Right, only if you have a dependent.   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.

Employee
December 29, 2023

So sorry for your loss.   If you have qualifying child dependent you can file as a qualified surviving spouse for the two years after the passing of your spouse.   You will get the same standard deduction as the standard deduction for a joint return.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**