mlebowski - CPA
Level 2

Hello,

Software Updates Being Requested:

1) Suppress Form 1310 when not required to be filed.

2) Allow electronic filing for deceased individual returns resulting in a refund when there is a court appointed personal representative involved, as long as the court appointment is attached to e-filed return. I cannot locate any resources that state the IRS disallows e-filing returns of this sort.

3) Automatically carry state income tax payments to Line 11 of Form 1041. These amounts include state income tax due with prior year return, withholding, and estimated tax payments.

Explanation:

Form 1310 is not required when a court appointed representative exists, although the software populates Form 1310 every time when filing a deceased individual's return with a refund and no surviving spouse. I'd suggest putting a checkbox next to where we place the date of death stating, "court appointment representative other than surviving spouse - attach court appointment". And when checked, this would suppress the printing/populating of Form 1310.

The software has an option to attach a pdf with the type titled "Form 1310" and the description auto populates "Personal Representative Court Certificate". I'd recommend changing the title of type to "Court Appointment". It is misleading to title it "Form 1310" since Form 1310 is required to be mailed in relation to the federal return regardless of e-filing. Several states however do allow it to be an e-file attachment, Michigan being one of them.

A bit of a back story is that I specialize preparing returns for deceased individuals, estates, and trusts because I network closely with an elder law firm. It would be of great pleasure to see these corrections be made and software updated.

Thank you for your time and consideration.