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Lev, Tax Advisor
Category: Tax
Satisfied Customers: 29941
Experience:  Taxes, Immigration, Labor Relations
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I received a bonus check from the company my husband worked

Customer Question

I received a bonus check from the company my husband worked for 8 months after his accidental death. I understand it will have a for #### ***** be reported as misc. The company is saying it is not taxable and preparing agency says it is. I was told I could file jointly since there estate taxes and I am being told I must file as a single. The check was a significant amount so all is needed. Thank you for any input.
Submitted: 1 year ago.
Category: Tax
Expert:  Lev replied 1 year ago.
I am so sorry for the loss of your husband.Please be aware that while inheritance itself is not taxable - some payments are classified as income is respect of the decedent (IRD) and as such is taxable.Income in respect of the decedent is gross income that the decedent would have received had death not occurred and that was not properly includible in the decedent s final income tax return.Income in respect of a decedent realized AFTER the death is taxable the same way as it were taxable decedent.So far - that bonus payment is taxable , but it is NOT subject to employment or self-employment tax.
Customer: replied 1 year ago.
Can it file as joint
Expert:  Lev replied 1 year ago.
If your husband passed away in 2015 - yes - you may file a joint tax return.
Expert:  Lev replied 1 year ago.
See IRS publication 501 6Spouse died. If your spouse died during the year, you are considered married for the whole year and can choose married filing jointly as your filing status...I appreciate if you take a moment to rate the answer.Experts are ONLY credited when answers are rated positively.If you still have any doubts, need clarification - please be sure to ask.I am here to help you with all tax related issues.