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How to file 2021 taxes for a person who died in 2022

TT asks "Passed away before filing this return" - I checked this box

But then it asks me to enter a date of death in 2021, which it is not - it is in 2022.

How should I handle that?  My guess it that TT is asking the wrong question in the first line - that it really means "Passed away during this tax year", but I am not sure.  If so, I should just leave the first box unchecked for this year, and check it next year.

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1 Best answer

Accepted Solutions
ErnieS0
Expert Alumni

How to file 2021 taxes for a person who died in 2022

TurboTax is asking the correct question. Check the box and enter the date of death.

 

Even though you are filing a 2021 tax return, you indicate that the person died in 2022 because they are not here to file and sign the tax return. Someone else must do it for them.

 

If there is a refund coming and this person was unmarried, you may need to file Form 1310 

  1. Type form 1310 in Search in the top right
  2. Select Jump to form 1310

Can I file Form 1310 in TurboTax?

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4 Replies
ErnieS0
Expert Alumni

How to file 2021 taxes for a person who died in 2022

TurboTax is asking the correct question. Check the box and enter the date of death.

 

Even though you are filing a 2021 tax return, you indicate that the person died in 2022 because they are not here to file and sign the tax return. Someone else must do it for them.

 

If there is a refund coming and this person was unmarried, you may need to file Form 1310 

  1. Type form 1310 in Search in the top right
  2. Select Jump to form 1310

Can I file Form 1310 in TurboTax?

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

How to file 2021 taxes for a person who died in 2022

Thanks for the answer.  The strange thing is that on my first pass through the program, TT gave me an error, and said that I must enter a date of death in 2021.  But when I went back in later, it accepted the 2022 date.

 

Sounds like there is a (somewhat random) bug in TT.

 

How to file 2021 taxes for a person who died in 2022

Another key thing here is that I don't want the 2021 return to be treated by the IRS as the "final return".  That will be a return filed in 2022, covering the period of 2022 prior to the date of death.  Only after that point will income, etc. go to the estate.

How to file 2021 taxes for a person who died in 2022

You will be able to file a 2022 tax return since the taxpayer was alive in 2022.

IRS will not treat the 2021 tax return as final as IRS knows that the taxpayer was alive as of 31st December 2021.

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