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haru
Level 3

1310 E-FILE ISSUE: Cannot E-file 1040 after mailing Form 1310 to IRS; Turbo Tax will not allow, nor e-file to NYS, as New York requires

It's hard enough to file my late partner's return by the extension deadline, and Turbo Tax isn't helping.

 

I already mailed Form 1310, along with my Court papers, to the IRS.  Turbo Tax instructions saysI can e-file, but it won't let me. It also won't let me e-file his state return, which New York emphatically requires.

The refunds are directed to his Estate checking account, for which I am the named Administrator.

 

So frustrating, especially because the current IRS processing back-up likely means I won't receive my refund for who knows how many months (or years). I can't close the account until it has been deposited.

 

Is there some kind of workaround to allow e-filing (which it should allow)?

Really would appreciate some guidance on this.

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16 Replies

1310 E-FILE ISSUE: Cannot E-file 1040 after mailing Form 1310 to IRS; Turbo Tax will not allow, nor e-file to NYS, as New York requires

You might want to contact phone support (via the link below) for this issue.

 

What is the TurboTax phone number? (intuit.com)

 

Note that you are supposed to file the final 1040 prior to (or simultaneously with) filing the 1310.

haru
Level 3

1310 E-FILE ISSUE: Cannot E-file 1040 after mailing Form 1310 to IRS; Turbo Tax will not allow, nor e-file to NYS, as New York requires

(And yes, I did check Box B and B1, and Form1310 prints as 'Certificate Previously Filed') Frustrating

1310 E-FILE ISSUE: Cannot E-file 1040 after mailing Form 1310 to IRS; Turbo Tax will not allow, nor e-file to NYS, as New York requires

Even if you could efile the federal return it would be rejected because you are not filing a final joint return with a spouse.  Decent returns cannot be efiled when using a DIY program.   So you will have to mail in both the federal and state returns and YES NY does allow this. 

haru
Level 3

1310 E-FILE ISSUE: Cannot E-file 1040 after mailing Form 1310 to IRS; Turbo Tax will not allow, nor e-file to NYS, as New York requires

I did (and to their credit, they picked up in two minutes).

The person reviewed the form and requirements, agreed that I was correct, did not have an answer.

He referred it up, and that supervisor also could not help. Both said I should paper file, but agreed this was a flaw in Turbo Tax Deluxe.

 

Now I see I have to print using Adobe Reader. Does this mean save and print as a .pdf?

VERY FRUSTRATED!

1310 E-FILE ISSUE: Cannot E-file 1040 after mailing Form 1310 to IRS; Turbo Tax will not allow, nor e-file to NYS, as New York requires

Yes ... you should save the PDF to your computer and then print the return using adobe reader.  Use the PRINT CENTER to save both the return to file and the PDF with all the worksheets for your records. 

 

  • After the return is open, click in the left menu column on TAX TOOLS, then PRINT CENTER.
  • Then choose "Print, save, view this year's return."
  • The next screen should offer some options:  "Just my tax returns", or "include government worksheets (optional)", or "include government and TurboTax worksheets (optional.)"
haru
Level 3

1310 E-FILE ISSUE: Cannot E-file 1040 after mailing Form 1310 to IRS; Turbo Tax will not allow, nor e-file to NYS, as New York requires

Yes, the print-thru-Adobe was excellent advice.

I so do not want to deal with follow-up questions from the IRS (or NY or MA) so that clears one potential hurdle. Thanks.

 

I'm just bummed that checking the 'B' box (I've been court-appointed) and 'B1' (I've already sent you this form, with court documents; we're good) blocked e-filing. It shouldn't have, honest.

 

The whole point of having TT  add (correctly) in the 1310 footer (only) for those checked B:

'Certificate Previously Filed.'

My partner's final 1040 should be e-fileable. 

Unlike those who check 'C' (I'm neither spouse nor court-appointed). TT properly blocks e-file for those 1310s.

 

Again, I actually appreciate both the prompt suggestions/answers in this forum (I'm new) and, importantly, the 800-line contact who looked, understood exactly why I state above, agreed. So did his supervisor. Neither had any idea why or how to override it. They just agreed I should be able to e-file with the added footer language.

 

So I hope this issue, and probable bug, can be fixed next year.

I am paper-filing tomorrow. No choice.

 

Lord knows what year I'll get the refund, given the IRS back-up on paper forms, until which I can't close his estate account. So, yeah, it sucks that I couldn't e-file by TT.

the end

1310 E-FILE ISSUE: Cannot E-file 1040 after mailing Form 1310 to IRS; Turbo Tax will not allow, nor e-file to NYS, as New York requires

The form 1310 was not the real issue ... decedent returns filed using a DIY program have a 99% chance of being rejected by the IRS which requires you to paper file.   If you pay a professional to efile the return there is a 99% chance of success.  Just the way the IRS rolls.   

haru
Level 3

1310 E-FILE ISSUE: Cannot E-file 1040 after mailing Form 1310 to IRS; Turbo Tax will not allow, nor e-file to NYS, as New York requires

Belatedly, thank you. Customer Service guy was smart, understood the issue, checked further, etc.  But, nope. He just agrees I should be able to e-file. One even followed-up about it by email later. Kudos.

But it's a glitch.

haru
Level 3

1310 E-FILE ISSUE: Cannot E-file 1040 after mailing Form 1310 to IRS; Turbo Tax will not allow, nor e-file to NYS, as New York requires

I understand your point. Honest.

Turbo Tax purports that I can e-file, that's all.

I check B and B-1, they add the footer. Good to e-file.

If they wanted to block all 1310's, or just allow joint spousal returns, they could. The form, including dropdown additional questions if you check 'B', is all the IRS requires.

Whether or not it ever gets there electronically and accepted isn't my point.

It's that the e-form is written so that, if completed as I did, the 1040 can be e-filed, through them.

 

You're thinking practically.

I'm thinking as the user who wasted hours because e-form 1310, filled as I did, is all TT requires to e-file the form.

Again, I'm only discussing up until 'send.' You're talking about what happens, or doesn't, later. Prob right.

But not my point.

1310 E-FILE ISSUE: Cannot E-file 1040 after mailing Form 1310 to IRS; Turbo Tax will not allow, nor e-file to NYS, as New York requires


@haru wrote:

......I should be able to e-file. One even followed-up about it by email later.


There is one issue and that is simply an attachment is not supported.

haru
Level 3

1310 E-FILE ISSUE: Cannot E-file 1040 after mailing Form 1310 to IRS; Turbo Tax will not allow, nor e-file to NYS, as New York requires

You're probably right, in which case TT needs to not suggest you can.

 

PER TURBO TAX INSTRUCTIONS:

"If you are sending Form 1310...separately from the original tax return, print and sign the form and mail it to the IRS Service Center...OTHERWISE, YOU CAN INCLUDE THE FORM WITH YOUR RETURN."

 

The form itself shows 'No errors' when I check the 'B' box. 

Next, Turbo Tax asks if I've already provided the IRS with a court certificate showing my appointment as personal representative. Checking that box removes the 'Note' below that says I have to snail mail the entire return.

 

If TT won't allow e-filing with a Form 1310 checked as I did, it should state that all decedent returns must be mailed. It's misleading. Also bad coding.

 

 

1310 E-FILE ISSUE: Cannot E-file 1040 after mailing Form 1310 to IRS; Turbo Tax will not allow, nor e-file to NYS, as New York requires

Sadly, this issue is not resolved with the 2021 version of TT Premier or TT Live. In my case, filing as Executor for my mother, in NC. Same result. Can't seem to e-file. TT says you can. But, gives an error that says you need a Form 1310. That form is included in the return. Yes, highly frustrating. Especially when you're trying to get a simple estate closed out which requires the tax return to be  completed and the refund received.   

1310 E-FILE ISSUE: Cannot E-file 1040 after mailing Form 1310 to IRS; Turbo Tax will not allow, nor e-file to NYS, as New York requires

Same issue exists as of 3/1/2022.  TT reps you talk to agree you should be able to file, and yet, the software won't let you.  In my case I checked "B" and "B1"  which is correct for me.  The software says box "C" must be checked to efile, which basically indicates Joe Blow from off the street can efile the return, but the court appointed personal rep cannot.  I am hugely disappointed in TT and their lack of fixing this software glitch when it was reported by the OP so long ago.  I spent A LONG TIME on the phone with them yesterday, escalating through 3 levels.....with extremely little confidence they will fix it.....and then I found this post today.  While the people on the phone were very very nice, the lack of a fix is no way to treat your customers.  It's been months since the OP escalated the issue.

1310 E-FILE ISSUE: Cannot E-file 1040 after mailing Form 1310 to IRS; Turbo Tax will not allow, nor e-file to NYS, as New York requires

Agree. The support person that I spoke with was incredibly polite and supportive. She agreed that I was interpreting the language correctly and that it should work. Even the IRS instructions indicate that you can e-file. However, I completed my return using a different online free e-file service and that service told me that I could not e-file because the taxpayer is deceased and there is a refund due. I wasn't going to try more services so I have completed a paper filing. I may regret this decision if it takes months to get the refund. I will need to file an extension request on the settlement of the estate as that is currently set to be complete in mid-April and it's unlikely that the refund will have been received by then. All highly frustrating for an estate that's about $5k in total. 

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