Form 1310

[YLC]

My client died and her son is her personal representative for the Estate.  I've done many of these where a surviving spouse was involved, but I can't seem to get this filled out correctly in order to e-file this return. 

Do I enter the son's name where it asks for name of person claiming refund?  It's really the estate claiming it though?  If yes, do I need to upload a copy of the court appointed certificate?

Finally, what is the easiest path to getting this return completed?  When I enter what I think is the correct information, I keep getting told I cannot efile the return.

Thanks for any help you can give me.

[Mike3232]

Check Electronic Filing Worksheet under Deceased Taxpayer(s)

[YLC]

Well electronic filing has already been checked on the information worksheet.  Are you talking about the 1310?  I don't see that anywhere on that form.  I don't think this is the answer on how to properly fill out this form for this client, but thank you

[BobKamman]

Form 1310 is not required for a personal representative.  

[YLC]

I filed without it and it was rejected as I was missing the 1310?

[BobKamman]

You're supposed to attach the court appointment.  But e-filing has its own "trick the IRS computer" rules.  I don't play those games.  Someone else here no doubt knows what works.  

[Mike3232]

Entering the date of death opens Electronic Filing "Worksheet" (error pops up) - Go there and under Deceased Taxpayer(s), answer those ?s then quickzoom to  the 1310, and complete it.

[Mike3232]

[YLC]

What are you trying to tell me here?

[BobKamman]

Maybe that the software doesn't follow the IRS instructions to Form 1310?

Who Must File
You must file Form 1310 if the description in line A, line B, or
line C on the form above applies to you. For more details on
these descriptions, see Line A, Line B, and Line C, later.
Don’t file Form 1310 if you are claiming a refund on behalf of
a deceased taxpayer, and:
• You are a surviving spouse filing an original or amended joint
return with the decedent; or
• You are a personal representative (defined later) filing, for the
decedent, an original Form 1040, 1040-SR, 1040-NR, or
1040-SS that has the court certificate showing your
appointment attached.
Example. Assume Mr. Green died on January 4 before filing
his tax return. On April 3 of the same year, you were appointed
by the court as the personal representative for Mr. Green’s
estate and you file Form 1040 for Mr. Green. You do not need to
file Form 1310 to claim the refund on Mr. Green’s tax return.
However, you must attach to his return a copy of the court
certificate showing your appointment.

[YLC]

The 1st time I filed, it was rejected because I did not have a 1310 completed, then I tried a 2nd time filling out the name and address of the personal representative claiming the refund, which is going into the estate's bank account.  It was again rejected???  Every time I try and fill out the appropriate information, I receive a message saying I cannot efile, so perhaps, I should file a paper return?

I will review all answers again tomorrow morning before proceeding.  Thank you for trying to help me figure this all out.  Like I said in a previous post, I had no issues filing as a surviving spouse, but since this is different, the transmission keeps getting rejected

Thanks again, I will try again in the morning, 

Yvonne

[Mike3232]

I'm referring to the ProSeries program I use.  May want to contact Intuit tech support.

[sjrcpa]

I have never been able to get these to efile. Bob is right, the software doesn't follow the IRS rules.

And by the way, neither does the IRS. If you correctly paper file without the 1310, they ask for the 1310.

If you include the 1310, death certificate, and Letters Administration, they ignore it and send a letter asking for all of those.

I can't win.

[rbynaker]

I haven't done one in a while but at one point the trick I figured out was to file the Form 56 with the attachments first.  Then ProSeries had a check box to indicate that the documents had previously been submitted.  Checking that box would "unbreak" efile--well, unless SSA had already locked the SSN.

Beyond that it's hit or miss.  The IRS doesn't follow their own instructions but then we don't really have any way of verifying what Intuit is *actually* sending them so it may well be that Intuit is sending them something that makes them think they need to request documents.

I'd give the client an extra set of whatever needs to be submitted and put a yellow sticky on it, "The IRS might ask for this even though we already submitted it."

Rick

[YLC]

This answer got me to where I needed and from there followed instructions.  My client does have to paper file an 8453 with the court appointed form attached, but at least I was finally able to e-file and put this one to bed!  Thanks everyone for your assistance!

[ljr]

I'm about 50 / 50 with the 1310 working when it is not the spouse

sometimes you just need to check or uncheck one of the boxes

now we had a return that owed get a letter requesting a 1310 and the daughter is now trying to get info from the IRS or a transcript. so we're just going to fill it out and send it and see what she gets - it is probably going to be $5 (and it was for 2023) 

but why not give us something else to do on April 11th

[YLC]

I was directed to the EF worksheet, and there I checked a box that said I would file form 8453 with the court appointed document.  Once I did that, the return was accepted.  When I printed the return, it printed 8453 to be mailed, and to include the appropriate document.  Who knows what will happen from here!  Hope this helps you out!

[BobKamman]

I would be concerned about identity theft if a balance-due return was filed and IRS indicated they had received a refund request.