If one spouse in a same-sex marriage dies, can the surviving spouse file a joint return?
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Yes, if one spouse dies, the surviving spouse can file as married filing jointly for the year the spouse dies if he or she does not enter into a new marriage or registered domestic partnership. If a spouse dies in the following year prior to filing the return, the surviving spouse can file a married filing jointly return. For more information on surviving spouses, see Deceased Taxpayer.