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cervantesd
Returning Member

Form 1310

Can Form 1310 be filed electronically with Form 1040-SR? How do I electronically sign Form 1310?

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11 Replies
MayaD
Expert Alumni

Form 1310

Yes. 

Per IRS: Form 1310 can be filed electronically when it is attached to a Form 1040, 1040-SR, 1040-NR, or 1040-SS being filed electronically.

 

You don't need to file the form :

If you are claiming a refund on behalf of a deceased taxpayer, and:

 • You are a surviving spouse filing an original or amended joint return with the decedent; or

 • You are a personal representative (defined later) filing, for the decedent, an original Form 1040, 1040-SR, 1040-NR, or 1040-SS that has the court certificate showing your appointment attached.

 

To file IRS Form 1310 in TurboTax to claim the tax refund for a decedent return , select your product from the link below for instructions.

 

Can I file Form 1310 in TurboTax?

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Form 1310

I have the same question. I'm using TurboTax Deluxe desktop to file a deceased taxpayer's final return (I'm the personal representative). I am scheduled to get the certificate from the court next week to include with the return. I thought I had seen an answer on this page https://ttlc.intuit.com/turbotax-support/en-us/help-article/import-export-data-files/file-form-1310-... that said the certificate can be uploaded as a PDF via the online version of TurboTax, but the answers listed are identical whether for the desktop or online versions. If I can upload the certificate as a PDF and submit it with the online version of TurboTax I am thinking of purchasing that in addition to the desktop version I already have, but I can't tell if the online version is any different with regard to sending in the certificate. As I am the appointed personal representative, I don't have to file 1310 but I do have to submit the court certificate. Being able to submit it as a PDF would be the preferred option if possible. Please clarify. Thanks.

RobertB4444
Employee Tax Expert

Form 1310

You can file it electronically but you will have to mail the certificate.  Here are the instructions for filing with either the online or desktop versions.

 

@Prof_LN 

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Form 1310

TT desktop says I have to paper-file (send the1040-SR with the court certificate, no 1310 needed as I am the personal representative).

6. On the Complete a claim for refund screen, select Yes.

 

The 1310 screen is there but the above option is not.

 

The other problem with mailing the 1040-SR & Court Certificate w/o form 1310 (as indicated in Pub 559) is that my address only appears on form 1310, not on the deceased's 1040-SR.

Form 1310

I have edited my previous reply to include what was in this reply.

LenaH
Employee Tax Expert

Form 1310

Can you confirm there is a refund due on the return of the taxpayer that passed away? In my test return, the steps in the link posted by RobertB4444 are up to date and I did not reach a screen stating I must paper file. Please see the screenshot below.

 

 

I could take a deeper look at this if you'd like. However, I need a diagnostic file which is a copy of the tax return that has all of the personal information removed. You can send one to us by following the directions below:

 

TurboTax Online:

  1. Sign into your online account.
  2. Locate the Tax Tools on the left-hand side of the screen.
  3. A drop-down will appear. Select Tools
  4. On the pop-up screen, click on “Share my file with agent.”
  5. This will generate a message that a diagnostic file gets sanitized and transmitted to us.
  6. Please provide the Token Number that was generated in the response.

TurboTax Desktop/Download Versions:

  1. Open your return.
  2. Click the Online tab in the black bar across the top of TurboTax and select “Send Tax File to Agent” *
  3. This will generate a message that a diagnostic copy will be created.  Click on OK and the tax file will be sanitized and transmitted to us.
  4. Please provide the Token Number (including the dash) that was generated in the response.

*(If using a MAC, go to the menu at the top of the screen, select Help, then, “Send Tax File to Agent”)


 @Prof_LN 

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Form 1310

@LenaH 

155284195-81689687

 

I don't see the screen you showed in your reply. Thanks.

LenaH
Employee Tax Expert

Form 1310

You didn't see the screen I posted because you already filled out the form with all the necessary information. I also did not see anything that said that you must mail in the return. 

 

However, since you unchecked the box that said you already provided the IRS with proof showing you are the personal representative, you do need to mail the court certificate with Form 1310. The rest of the return can be e-filed. Since you will be sending Form 1310, print and sign the form and mail to the IRS

 

@Prof_LN 

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Form 1310

There was no opportunity to see the screen about efiling that you showed.

 

Why would I check the box? The box is checked if I had already sent in form 1310. It is unchecked by default. If I had previously sent in 1310, then I would check it. I have not sent it, and pub 559 says I don't have to send it because I am the personal representative. We seem to be seeing different things which makes no sense to me, and I am just going around in circles with this. TT Desktop says I must paper file both Fed and State.

LenaH
Employee Tax Expert

Form 1310

The screen I am referring to is shown below. It states if you did not already provide the IRS with a court certificate showing your appointment as personal representative, you need to mail the certificate in with the return. If you elect to e-file, you can just mail the Form 1310 with a copy of the certificate. 

 

 

Publication 559 states:

 

Form 1310 doesn't have to be filed if you are claiming a refund and either of the following applies ...

Since you cannot attach the court certificate to the return with a PDF file, then you must mail it in with Form 1310. 

 

Here are the instructions to mail in the entire return with the required attachments.  

 

@Prof_LN 

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Form 1310

I have this information already. There seems to be no way to efile. I just called TurboTax by phone. A representative read various information that suggests the only e-filing for deceased people via TT is for 1041 returns (via TT Business or Online), but not for 1040-SR. 

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