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JoeTPOA
New Member

Filing taxes for brother in nursing home and have no state id or valid driver's license

My brother is in a nursing home and I am his POA for everything.  He hasn't had income to report for years, until last year he started receiving a small pension and social security benefits.  I filed his taxes last year for the first time since he has been incapacitated.  I tried filing taxes this year for him and his state tax keeps getting rejected indicating the AGI amount from last year is incorrect, but it's not.  I'm in a quandry of what step(s) to take to get his state taxes filed.  I could use your help!  Thanks.

 

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4 Replies

Filing taxes for brother in nursing home and have no state id or valid driver's license

First off, sorry you're having issues with getting your brothers returns filed. 

You can always file on paper if you have to. the other thing is there might not be a state filing requirement. A lot of states don't tax pensions. If there is no state withholding to get a refund on and no state filing requirement then you don't need to file it. 

If you do need to file because he has taxable state income, then just file it on paper. Remember to send certified

Vanessa A
Expert Alumni

Filing taxes for brother in nursing home and have no state id or valid driver's license

Which state? If you filed a return for him last year, it is possible that it was not yet processed.  The IRS has had this issue.  You can try to enter $0 for his state AGI.  If it was processed, then you may be able to get a state transcript from their website to see what they had and if they maybe made an adjustment to his income the reason it doesn't match.

 

When you say a small pension, how small? It is very possible that he still does not have a filing requirement.

 

Social security is not fully taxable which means, if he is single and has a pension of only $500/month, and social security of $1,200/ month, he would not need to file a return since his AGI would only be $13,200 and his standard deduction would be $14,700 if he is over 65.

 

If you fall into the following, 85% of your social security is taxable income

  • Single with income above $34,000
  • Married Filing Jointly with income above $44,000
  • Married Filing Separate regardless of income

If you fall into the following, 50% of your social security is taxable income

  • Single with combined income between $25,000-$34,000
  • Married Filing Jointly with combined income between $32,000 and $44,000

Your combined income is calculated by adding your

  • AGI plus
  • Nontaxable Interest plus
  • 1/2 of your social security Benefits

Social Security Benefits Taxes

 

The state rules very, but some states do not tax pensions or social security.  If this is the case, again, you would not need to file for him. 

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JoeTPOA
New Member

Filing taxes for brother in nursing home and have no state id or valid driver's license

Appreciate you taking time to respond. Thanks much!

JoeTPOA
New Member

Filing taxes for brother in nursing home and have no state id or valid driver's license

This is very helpful.  He doesn't meet the threshold, as his pension and SS benefits are below the figure you indicated is required to file.  Thank you for your quick response.

 

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