How soon after a person dies do you have to file an estate tax return?

[shf1957]

I have a client that died in late October and her family is from another country.  I am filing the lady's last year tax return for the family. Wondering about the estate tax form before 4/15 hits.  Some one mentioned to them that they could do like from 10/20/24  to 10/19/25 instead of  the regular due date of 4/15.  Is that so? if so was there a place on any form they were to state that?  I just don't want them late for filing and could apply for an extension if they are wrong.  I told them maybe it's on the form when the attorney applied for the federal tax id... and maybe not.. not sure.  Please help if any one knows the real answer.

[BobKamman]

I think you're asking about the estate income tax return, Form 1041.  Not a Form 706 estate tax return.  And was your client a US citizen?  If so, probably not wealthy enough to worry about estate taxes.  (For resident aliens there are special rules, which I would have to look up.)  

Yes, the estate can elect to be taxed on a fiscal year basis, ending in September 2025 or any month before that.  Does the estate have income?  Will it be fully administered by September?  Someone has to make decisions here, and you're not the one in charge.  But you can advise them.  Otherwise, did the estate have any income from date of death through December 31? If a calendar-year 1041 is required, you have a week to prepare it, or file an extension.  

[shf1957]

The person that died was an elderly America citizen.  Her only family are Canadians and live in Canada. She died at the end of October.   She had income up to her death so I did an extension due to the fact a refund and it stated it needed to be a mail in and with the seal from probate etc for the executress .. and that is right now with the party in Canada.as well as the original 1099r forms.

I believe there is a 1099div for the estate that came for the year (Nov-Dec) so having that 1099.. I didn't know if i had to file a 1041 extension.. or had to file for the 2 months. etc... there is a house that will be involved and other 1099's etc..... What really was bothering me beside not doing the proper year 1041 is how would the IRS know we plan to do 10/2024  to 10/2025.. and not a calendar year.  I don't want them to get in trouble or get fines etc...

[shf1957]

Please tell me who makes the decision on what dates to go by? ( meaning  filing from end of October to December 31? or from October24 - October 25)  And also when is that decision made?  (meaning when they applied for their tax id number? or just when ever they decide to  file?

Time is running out..getting closer and closer to the cut off of 4/15.  I just don't want to be the blaim for not filing something on time etc...  I am very nervous on this.

All your help, sincerely, will be so much appreciated.  

[BobKamman]

You are doing some work and expect to be paid.  Who is writing the check?  That's the person who makes the decisions.  They may or may not rely on your advice, and you may or may not have told them that anything other than the final return is above your paygrade so seek help with that elsewhere. 

If this is the first decedent estate you have encountered, it might be a good idea to pass and learn enough you don't have to ask so many questions next time.  

[shf1957]

Sorry to have bothered you regarding what I thought was a simple question. Just asked when is a date chose or requested to file as a fiscal vs calendar date.   No this is not first 1041, nor will it be my last.  But it is the first time in 46yrs of preparing taxes that I was asked to start one.  Guess I lucked out over these years.  Working 17hrs a day, 7 days a week for tax season.. I just drew a blank. But since there isn't really a person with the answer, knowledge or experience on starting one with an answer, I will end the request. Sorry again for asking for help. Have a great balance of your tax season. 

[George4Tacks]

https://www.irs.gov/charities-non-profits/private-foundations/forms-1041-and-1041-a-when-to-file#:~:....

An estate may elect a tax year ending not more than 12 months after date of death.