Can I deduct funeral expenses for my husband on my taxes?

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Q. Can funeral expenses for my husband, such as cremation costs and a mortuary niche purchase, be deducted on my 2019 taxes? He passed in mid May of 2018. We do have a family will and trust. I paid around $19,000.
— Still working

A. We’re sorry for your loss.

You may not take funeral expenses as a deduction on a personal income tax return.

Funeral expenses when paid by the decedent’s estate may be taken as a deduction on a decedent’s estate tax return, said Catherine Romania, an estate planning attorney with Witman Stadtmauer in Florham Park.

She said as of Jan. 1, 2018, New Jersey no longer has an estate tax.

The state does have an inheritance tax.

“Class A beneficiaries — spouse, civil union partners, domestic partners, ascendants, descendants, stepchildren — are exempt and do not pay an inheritance tax,” Romania said. “So if everything is left to a spouse and children, there will be nothing to deduct these expenses against.”

Similarly, she said, for individuals dying in 2018, the federal estate and gift tax exemption was $11.180 million, therefore most estates did not incur federal estate tax against which funeral expenses could be deducted.

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This story was originally published on March 31, 2020.

NJMoneyHelp.com presents certain general financial planning principles and advice, but should never be viewed as a substitute for obtaining advice from a personal professional advisor who understands your unique individual circumstances.