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Returning Member
posted Jun 5, 2019 3:30:42 PM

FIL passed away. Hasn't filed since 2005 (told he doesn't need to). Quick check shows money owed in 2014, 2015, 2016. Do I need to file these for him? I am executor.

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3 Replies
Level 15
Jun 5, 2019 3:30:43 PM

What do you mean, money owed?  He owed taxes, or he is owed a refund?

Returning Member
Jun 5, 2019 3:30:44 PM

He owed money (total for three years about $1000).  Was planning to just file for 2017 but ran the numbers and found he has owed for number of years.

Level 15
Jun 5, 2019 3:30:45 PM

Well, here's the problem: If he has no money and no estate, then his heirs don't have to pay his taxes.  But, if he has an estate and you pay it out to his heirs, but he had unpaid taxes, the IRS can claw that money back from the heirs.

The statute of limitations on tax returns is 3 years from the date the return was filed.  So if he owed in the past and no return was filed, there is really no deadline for the IRS to come calling and try to extract money from the estate or from the heirs.  So I would definitely recommend that you get his estate caught up on taxes before you distribute the proceeds.