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December 1999

What You Should Know About Income Tax When You Lose a Spouse

Uncertainty about income tax issues can add to the stress experienced from the death of a spouse. You should meet with your family attorney and/or tax advisor as soon as possible to review your particular tax and estate circumstances. Before this meeting, it's a good idea to order and read the Internal Revenue Service (IRS) publications that are listed at the end of this article. Bring a detailed list of your questions to the meeting. If you do not have an attorney or tax advisor, call the IRS at 1-800-829-1040 for answers to specific tax questions.

Here is some basic information that you may find helpful:

-- In most cases, it will not be necessary to file a return with the Internal Revenue Service until your usual filing date.

-- A surviving spouse can file a joint return for the year of death and may qualify for special tax rates for the next two years under certain conditions.

-- On the deceased's final income tax return, you can claim any tax credits such as those for the elderly or disabled, earned income credit, etc. that applied to the spouse before death.

It is usually not necessary to report on your income tax return life insurance proceeds, supplemental security income, veteran's benefits and welfare benefits as these payments are not subject to income tax.

For more detailed information on income tax liability after a spouse's death, contact the Internal Revenue Service at 1-800-829-3676 to order forms, instructions and publications or visit the website: www.irs.ustreas.gov. To find out what services are available, get Publication 910, Guide to Free Tax Services. Publication 559, Survivors, Executors and Administrators covers filing the final return for the decedent, what income to include and other pertinent information such as filing due dates and sample forms. Publication 575, Pension and Annuity Income outlines special rules that apply to this type of income.

Having this information at hand can be very helpful in overcoming any anxiety you may have about income tax issues after a spouse's death.

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