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MGC94
Level 7
June 7, 2022
Question

1310

  • June 7, 2022
  • 9 replies
  • 51 views

I am doing someone's taxes and their husband passed away. I did 2018, 2019, 2020, and 2021, The husband did not pass away until 2021. Do I only do the 1310 for 2021 or do I have to do it for the past years as well? 

We also have to mail it in. Should the wife sign his name for 2018, 2019, and 2020 being mailed in? 

This topic has been closed for replies.

9 replies

dkh
Level 15
June 7, 2022

I found this Google answer:    If you are claiming a refund on behalf of a deceased taxpayer, you must file Form 1310 if: • You are NOT a surviving spouse filing an original or amended joint return with the decedent; and • You are NOT a personal representative (defined later) filing, for the decedent, an original Form 1040, 1040-SR, 1040A, 1040EZ, ...

and this Google answer     

Who is a person not required to file form 1310?     If the surviving spouse claims the refund and is filing a joint return, Form 1310 is not required and you can e-file the return without Form 1310. Surviving spouses must file Form 1310 only when they request reissuance of a refund check in the surviving spouse's name.

So no Form 1310 required and the wife signs HER name only not the deceased husband's.

Hope this helped @MGC94        You've had an interesting tax season haven't you.

MGC94
MGC94Author
Level 7
June 7, 2022

Very interesting.... As I said before I did not go to school for taxes just helping my 81 year old grandmother. 

So 18, 19, and 20 that I am mailing in do not include any signature for taxpayer only spouse and no 1310 

dkh
Level 15
June 7, 2022

So 18, 19, and 20 that I am mailing in do not include any signature for taxpayer only spouse and no 1310

Correct, no 1310 required if filing joint return - surviving spouse signs.   You should only need to mail 2018.   The  2019  and 2020 could be efiled.

June 7, 2022

Hi @MGC94! Wanted to pop in and share a 'thanks' for reaching out, and sorry for the loss of your grandmother's spouse last year. 

Just a friendly reminder that we all accomplish a lot in a short day. ✨
It's nice to take a break from the effort and ask available and willing folks here on the community to step in when we're feeling overwhelmed. It's okay to ask for help; a generous, helping hand goes so a long way here!! 

Thanks for stepping in @dkh @qbteachmt & @Terry53029 and sharing your resources.