It is more complicated when the decedent is married and files jointly. When the surviving spouse files a joint return with the decedent for the year of his or her death, the full amount of carryovers can still be used in the year of death, even if they are used to offset income of the surviving spouse that was generated after death.

How to deal with tax carryovers when a spouse dies?

For a single taxpayer, this is fairly straightforward. It is more complicated when the decedent is married and files jointly.

What to do with deceased spouse’s Nol carryover?

The surviving spouse could sell his or her own properties at a gain to use the deceased spouse’s capital loss carryovers that would otherwise expire, or the surviving spouse could take an IRA distribution and offset that income with the deceased spouse’s NOL carryovers.

Can a former spouse be jointly liable on a joint return?

This is also true even if a divorce decree states that a former spouse will be responsible for any amounts due on previously filed joint returns. In some cases, however, a spouse can get relief from being jointly and severally liable. There are three types of relief from the joint and several liability of a joint return:

Can a surviving spouse file an amended tax return?

A surviving spouse may not file an amended return (indicated as “filing as surviving spouse”) for a tax year for which a joint return was previously timely filed prior to the decedent spouse’s death, unless the deceased spouse had given authority (such as a power of attorney) to the surviving spouse (CCA 201107020).

When to file a joint return in the year of?

However, the surviving spouse may initiate the joint return if a personal representative has not been appointed by the due date (including any extensions) for filing the spouse’s return and no return has previously been filed for the decedent for that year (Sec. 6013 (a) (3); Regs. Secs. 1. 6013 – 1 (d) (3) and (4)).