Catch-22 with Form 1310

[beisbol]

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.

[Vanessa A · Accepted solution]

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

[beisbol]

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.

[TmacprFLK]

I have the same scenario described above and have form 1310 completed. I do not see a way to have TT fill in the Third Party Designee section of 1040. I did also try to edit  the form directly and that was not allowed.  

Does having form 1310 imply that I am the designee to the IRS?

[CarissaM]

Please review the FAQ here on form 1310 and filling this in Turbo Tax. 

If you need additional assistance, please let us know. @TmacprFLK