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tjh1215
New Member

My sister passed away with no heirs and I was her proxy for her disability claim and was given back pay for her disability. Any idea of a tax penalty?

 
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My sister passed away with no heirs and I was her proxy for her disability claim and was given back pay for her disability. Any idea of a tax penalty?


@Opus 17 wrote:

Then third, if the money was paid to your sisters account in 2022, and if it was taxable, then your sister‘s estate needs to file an estate tax return for 2022. 


@tjh1215 stated that the money was deposited into his (I presume) personal account. This is income in respect of a decedent and, if taxable, would be reported by @tjh1215 on @tjh1215's individual income tax return (1040) since the money was received by @tjh1215, not his sister's estate. 

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My sister passed away with no heirs and I was her proxy for her disability claim and was given back pay for her disability. Any idea of a tax penalty?


@tjh1215 wrote:

No, she passed away in 2021 but we didn't receive the payment until July of this year.


Then the payment is income in respect of a decedent. See my previous posts in this thread.

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12 Replies

My sister passed away with no heirs and I was her proxy for her disability claim and was given back pay for her disability. Any idea of a tax penalty?

Is this IRD? Not clear. @Critter-3 ?

My sister passed away with no heirs and I was her proxy for her disability claim and was given back pay for her disability. Any idea of a tax penalty?

So first step, if you plan on filing her final tax return, you have to go to court and be appointed as her estate's representative or executor.  The fact that you were her proxy doesn't carry over after death, and neither does a power of attorney.  For a small estate, it's probably a simple form to file with the court.

 

Next point, you can't sell or distribute any of her assets until all her final bills are paid and that includes taxes.  If she owes more than she can pay, no one else in the family is responsible, it just goes unpaid.  But you can't distribute other assets until all the bills are paid.

 

To your question, it's not clear why there would be a penalty for back pay.  Do you mean income tax?

 

There are three things I can think you might mean.

 

1. You might mean, she got a large lump sum payment and will owe income tax, how much is it?  Unfortunately you need to actually file the return to find out, although you can make some estimates using this tool.

TaxCaster tax calculator

 

For most people, income taxes are 24% or less.  It would have to be a truly enormous payout to be taxed at more than 24%.

 

2. Or, you might mean, since she got a lump sum of income and did not pay estimated taxes, she may owe a penalty on her tax return in addition to the income tax.  The penalty plus interest is about 1% per month of the tax amount owed.  For example, let's assume a $50K lump sum disability income payment made July 1, and she has no other income.  The estimated tax would be due September 15, about $5000 for this example.  If you don't make a payment until February 15 when you file the return, the penalty plus interest would be $50 per month for 5 months, or $250 total.

 

You can limit the penalty by making an estimated payment now instead of waiting to file the tax return, the sooner you make the payment, the less the penalty will be.  If you make too large a payment, the extra will come back as a tax refund.

 

You also have the option to not include a penalty calculation when you file, and wait and see if the IRS sends a bill.  If the IRS sends a bill for the penalty, you can apply for a one-time waiver if this is her first time owing a penalty, or you can apply for a waiver for cause (like, she was disabled and didn't know a penalty needed to be made and you as her representative made the payment as soon as you realized it was owed). 

 

3. Or, by penalty you might mean that after her death, some part of the disability payment must be paid back to the insurer.  We have no way of knowing anything about that. 

 

My sister passed away with no heirs and I was her proxy for her disability claim and was given back pay for her disability. Any idea of a tax penalty?

In addition to other qualifications, anyone who is in actual or constructive possession of the decedent's property can file a final return for the decedent. A court appointment is not required.

My sister passed away with no heirs and I was her proxy for her disability claim and was given back pay for her disability. Any idea of a tax penalty?

@Anonymous_ 

I had never heard that, although I suppose it makes sense because it would not be the first time that the IRS ignores state laws in order to collect their money. The IRS may not care who files the tax return as long as someone does it.  

However, the taxpayer should still seek to be officially appointed as her sister‘s representative, because that makes it clear to all persons that there is one and only one person who is authorized to be the representative of the deceased persons estate, to pay taxes, distribute residual property, and otherwise handle any remaining affairs.  I somewhat suspect this has already been done, but I made the notation for reference and for others who might read this in the future.  I think it is also important to note that a power of attorney, while very useful during the life of a disabled or incapacitated person, ceases to exist and has no effect after the person dies, and some other form of authorization is needed to continue to handle the persons affairs.

tjh1215
New Member

My sister passed away with no heirs and I was her proxy for her disability claim and was given back pay for her disability. Any idea of a tax penalty?

Thank you so much for the in depth response.

 

She passed away in 2021 very unexpectedly and didn't have a power of attorney.  She was in the process of filing for disability but was denied and then sent in an appeal, after her death the social security administration found me and asked if I wanted to attend her hearing for her appeal in her place, which I did and they found her fully favorable after death. 

I did have to go to the circuit clerk office in my county and fill out paperwork to be the executor of her small estate, to which she had none, and she had no outstanding debt. She lived with our other sister after her husband passed away.

They deposited her back pay into my account and it didn't explain if taxes had be taken out or anything.  I divided the lump sum between myself, my sister,  and her nieces and nephew.

Then I realized I might be penalized by the IRS for receiving a death benefit and I wanted to prepare now if I owed any money.

My sister passed away with no heirs and I was her proxy for her disability claim and was given back pay for her disability. Any idea of a tax penalty?


@Opus 17 wrote:

@Anonymous_ 

I had never heard that, although I suppose it makes sense because it would not be the first time that the IRS ignores state laws in order to collect their money.


The IRS is not ignoring state law because a personal representative is not required to be appointed in all circumstances after the death of an individual (as those circumstances are wide and varied).

 

Appointment by a court is often time-consuming and expensive. Depending upon the relationship to the decedent, the decedent's assets, and the terms of any remaining financial (or other) accounts of the decedent, a court appointment may not be necessary or required.

My sister passed away with no heirs and I was her proxy for her disability claim and was given back pay for her disability. Any idea of a tax penalty?

@tjh1215 

It sounds like it was not a “death benefit“, it was disability payments that were owed to her during her lifetime for being disabled and unable to work.  However, the first thing you need to do is to clarify exactly what the payment was.

 

Then second, if it was a disability payment, you need to determine whether it was taxable or not. Some types of disability are taxable in some types of disability are not taxable, and some types of disability payments are only taxable if they are more than a certain amount.

 

Then third, if the money was paid to your sisters account in 2022, and if it was taxable, then your sister‘s estate needs to file an estate tax return for 2022. The return will calculate the taxes that are owed on the payment.  Depending on the amount, there might actually be no taxes owed even if the income is considered taxable income, but you have to prepare the return to find out. If any taxes are owed, that will have to be collected from the three heirs who received a lump sum payment (which they should not have received until the taxes were taken care of.)  If you want to file the estate tax return using TurboTax, you have to use TurboTax Business, which is a separate program from home & business. The business version is only available as a CD or download to install on a PC, and there is no Mac or online version.

 

 

My sister passed away with no heirs and I was her proxy for her disability claim and was given back pay for her disability. Any idea of a tax penalty?

@tjh1215 

 

Have you filed a final return for your sister?

 

See https://www.irs.gov/publications/p559#en_US_2021_publink100099582

 

The back pay that you received would likely be considered income in respect of a decedent (which I mentioned in the first post in this thread). If taxable, you would report the funds received on your individual income tax return (or the return(s) of whoever received the funds).

tjh1215
New Member

My sister passed away with no heirs and I was her proxy for her disability claim and was given back pay for her disability. Any idea of a tax penalty?

No, she passed away in 2021 but we didn't receive the payment until July of this year.

My sister passed away with no heirs and I was her proxy for her disability claim and was given back pay for her disability. Any idea of a tax penalty?


@Opus 17 wrote:

Then third, if the money was paid to your sisters account in 2022, and if it was taxable, then your sister‘s estate needs to file an estate tax return for 2022. 


@tjh1215 stated that the money was deposited into his (I presume) personal account. This is income in respect of a decedent and, if taxable, would be reported by @tjh1215 on @tjh1215's individual income tax return (1040) since the money was received by @tjh1215, not his sister's estate. 

My sister passed away with no heirs and I was her proxy for her disability claim and was given back pay for her disability. Any idea of a tax penalty?


@tjh1215 wrote:

No, she passed away in 2021 but we didn't receive the payment until July of this year.


Then the payment is income in respect of a decedent. See my previous posts in this thread.

tjh1215
New Member

My sister passed away with no heirs and I was her proxy for her disability claim and was given back pay for her disability. Any idea of a tax penalty?

Thank you, this is all extremely helpful!

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