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What is my filing status if my spouse dies?
The deceased spouse’s filing status becomes Married Filing Separately. Surviving spouses who have a dependent child may be able to use the Qualifying Widow(er) status in the two tax years following the year of the spouse’s death.
How do deductions work when married filing separately?
If you and your spouse file separate returns and one of you itemizes deductions, the other spouse must also itemize, because in this case, the standard deduction amount is zero for the non-itemizing spouse. When paid from separate funds, expenses are deductible only by the spouse who pays them.
Does Form 8958 affect taxes?
Form 8958 essentially reconciles the difference between what employers (and other income sources) have reported to the IRS and what the spouses will be reporting on their federal tax returns. Both spouses must include a copy of the form with their tax return.
How do I report community property income?
When you live in a community property state and file separate returns, you each must report 50 percent of your spouse’s income and half of income generated by community assets, plus all of your separate income. The IRS has an allocation worksheet to simplify your calculations in Publication 555 Community Property.
Is a widow considered married or single?
Whether you consider yourself married as a widow, widower, or widowed spouse is a matter of personal preference. Legally you are no longer married after the death of your spouse.
How does death of a spouse affect taxes?
For two tax years after the year your spouse died, you can file as a qualifying widow or widower. This filing status gives you a higher standard deduction and lower tax rate than filing as a single person. You must have been able to file jointly in the year of your spouse’s death, even if you didn’t.
Can married couple claim separate primary residences?
It’s perfectly legal to be married filing jointly with separate residences, as long as your marital status conforms to the IRS definition of “married.” Many married couples live in separate homes because of life’s circumstances or their personal choices. …
Do I have to fill out Form 8958?
If the filing status on a return is married filing separately and the taxpayer lives in a community property state (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin), Form 8958 must be completed and filed with the return.
Can I file Form 8958 online?
You can use the IRS interactive tool if you are not sure which filing status to choose. If you are required to file as married, the other spouse’s information is required to electronically file the return. To complete the form, please go to: Federal Section.
What is considered community property income?
Generally, community income is income from: Community property; Salaries, wages, and other pay received for the services performed by you, your spouse (or your registered domestic partner), or both during your marriage (or registered domestic partnership) while domiciled in a community property state; and.
Do you have to fill out Form 8958?
The laws of your state govern whether you have community or separate property and income. You must attach Form 8958 to your tax form showing how you figured the amount you’re reporting on your return.