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Level 4
September 13, 2024

Efile Form 1310

  • September 13, 2024
  • 4 replies
  • 51 views

Hi,

I have checked Box B in Part I of Form 1310.

I get a critical efile diagnostic that says:

Form 1310: The IRS's efile specifications do not allow Form 1310 to be filed if Form 1310 Part I Box B (court appointed representative is claiming the decedent's refund) is marked without Form 1040-X Amended Return.

There is no 1040-X Amended Return, and I don't understand why it is requiring one!! It just makes no sense!

The decedent died in January of 2022, and the Estate is now attempting to file the decedent's 2021 and 2022 tax returns.

Thanks

    4 replies

    sjrcpa
    Level 15
    September 13, 2024

    Apart from the 1310 issue, you'll probably find those returns can't be efiled because the decedent's SSN is locked due to death.

    The more I know the more I don’t know.
    Level 4
    September 20, 2024

    We used choice 3, rather than court ordered representative.  I was told very few are actually court appointed and most are trustees, etc.  Never found a way to make choice 2 work.  One of ours went through/was efiled and the other did not.  

    Level 3
    April 3, 2026

    According to the instructions for Form 1310, Line B is to be checked only if you are the decedent's court-appointed or certified personal representative claiming a refund for the decedent on Form 1040-X or Form 843.  If you aren't filing Form 1040-X (or 843), you don't check this box.  Thus the diagnostic.  The input field labels on Screen 63 don't make that clear.

    sjrcpa
    Level 15
    April 3, 2026

    And IRS won't send the refund unless there is a 1310 and supporting documents, even if not required per their instructions which they ignore.

    The more I know the more I don’t know.