What Tax Filing Status Should I Choose If My Same-Sex Partner Passes Away?

 

Your options for choosing a filing status as a widow will depend on a few factors. In general, it’s about where you were married and not where you currently reside. According to the IRS, if you were married in a state or foreign country that legally authorizes same-sex marriage, you will have the same options as opposite-sex married couples. 

If you were married in one of the places described above, you’ll be able to use the married filing jointly status in the year that your spouse passed away. In the two years after the death of your spouse, you can use the qualifying widow(er) tax filing status. Learn more about the options for tax filing for qualifying widowers. 

What if your legal status doesn’t fit the description outlined above? If you were in a civil union or registered domestic partnership and your same-sex partner passes away, you should file your taxes as single. 

Tax Status and Tax Brackets

The tax filing status you use as a same-sex couple affects the ranges of taxable income as they apply to various tax rates. Review the tax brackets and background information for additional context. 

Not sure which tax status applies to you? Our knowledgeable tax pros can help you understand the filing statuses you might be eligible for, and which one is the best for your situation. Visit your local H&R Block tax office to make an appointment.

Related Topics

Related Resources

Tips for Claiming the Home Office Deduction

If you work-from-home, telecommute or work virtually, learn about claiming home office deductions from the tax experts at H&R Block.

TurboTax Live or Tax Pro Go: What’s the Difference?

Not all online tax prep is the same. Find out why H&R Block’s Tax Pro Go offers more full-service experience than TurboTax Live.

What Are the E-File Requirements?

Let the experts at H&R Block explain the e-file requirements you must follow to e-file your return.

Is Your Working Vacation Tax Deductible? | H&R Block

Planning a working vacation? Your travel expenses may be tax deductible if your trip is mainly business-focused. Learn more with the experts at H&R Block.