Catch-22 with Form 1310

Forum|Forum|4 years ago
April 12, 2022
1 reply
0 views

Hi, I'm trying to figure out how to file my now-deceased sister's tax return for a small refund. What stymies me is that this is a 2021 return for a person who died in early 2022.

I am not a court-appointed personal representative, but I've been handling her financial affairs (including her tax returns) for several years. There are no other relatives and not much of an estate.
TT says to fill out a Form 1310, but I have already submitted a paper one. I don't want to confuse things by e-submitting another one.
If I don't complete the (unnecessary) Form 1310, the return has to be mailed. But a mailed return requires the taxpayer's signature ... which obviously can't be done.
The 1040 has a line for allowing a "third-party designee" who can discuss the return with IRS, but says nothing about a non-taxpayer signature.

Advice on how to break out of this spiral will be greatly appreciated.

Best answer by Vanessa A

I am not a court-appointed personal representative, but I've been handling her financial affairs (including her tax returns) for several years. There are no other relatives and not much of an estate. As the person responsible for your sisters property, you would be the one to file the return.

TT says to fill out a Form 1310, but I have already submitted a paper one. I don't want to confuse things by e-submitting another one. You really won't confuse things that much. The IRS will see it has the same information on the same form.

If I don't complete the (unnecessary) Form 1310, the return has to be mailed. But a mailed return requires the taxpayer's signature ... which obviously can't be done. Just resubmit it with the e-filed return.

The 1040 has a line for allowing a "third-party designee" who can discuss the return with IRS, but says nothing about a non-taxpayer signature. You would be the third party designee

V

Vanessa AAnswer

Level 15

I am not a court-appointed personal representative, but I've been handling her financial affairs (including her tax returns) for several years. There are no other relatives and not much of an estate. As the person responsible for your sisters property, you would be the one to file the return.

TT says to fill out a Form 1310, but I have already submitted a paper one. I don't want to confuse things by e-submitting another one. You really won't confuse things that much. The IRS will see it has the same information on the same form.

If I don't complete the (unnecessary) Form 1310, the return has to be mailed. But a mailed return requires the taxpayer's signature ... which obviously can't be done. Just resubmit it with the e-filed return.

The 1040 has a line for allowing a "third-party designee" who can discuss the return with IRS, but says nothing about a non-taxpayer signature. You would be the third party designee

**Say "Thanks" by clicking the thumb icon in a post. **Mark the post that answers your question by clicking on "Mark as Best Answer"

B

beisbolAuthor

Level 2

Thank you, Vanessa.

I did what you recommended, and it worked like a charm. The return has been e-filed, and all's right with (that tiny piece of) the world.

A final return will have to be filed for 2022, as she had received her Social Security and pension checks for January 2022 prior to the report of her death reaching SSA and other pension source. But that won't be a problem for me.