My brother passed away in Jan 2021. I managed basically all the details of his life the last several years. He had very limited income, and there was no court-appointed rep or spouse. I want to file his 2020 return and have several questions I would appreciate insight on:
Asset/Income details: He had about $34k from two sources - split basically evenly between soc security and a cancelled debt from a credit card company. They sent him a 1099C for that debt. He also received a small vet's pension (a few hundred a month) that I understand is not taxable. He was insolvent at the end of 2020, with assets of only about $1000.
Questions:
1. From what i understand, i should file a 1040, note that he is deceased, and i would sign as his preparer. Can I use the Free Edition?
2. I have found online that if a person is insolvent and receives a 1099C, that cancelled debt that needs to be reported as income can then be deducted later in the return. I'm not sure where on the form, tho. Any insight would be appreciated.
3. I don't think I need to file Form 56 since I was not a "trustee, executor, administrator, receiver or guardian" (from IRS site).
4. I have seen conflicting info on if this return can be filed electronically. Anyone know?
I may receive additional 1099 C in 2021. and since he passed in 2021, will need to file a return next year. But I won't know until probably January of 2022.
Thank you!
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1. Yes. FreeFile delivered by Intuit TurboTax. contains form 982.
2. Correct, form 982. Topic No. 431 Canceled Debt – Is It Taxable or Not? | IRS states:
Generally, if you exclude canceled debt from income under one of the exclusions listed above, you must reduce certain tax attributes (certain credits and carryovers, losses and carryovers, basis of assets, etc.) (but not below zero) by the amount excluded. You must attach to your tax return a Form 982, Reduction of Tax Attributes Due to Discharge of Indebtedness (and Section 1082 Basis Adjus... to report the amount qualifying for exclusion and any corresponding reduction of those tax attributes. For cancellation of qualified principal residence indebtedness that you exclude from income, you must only reduce your basis in your principal residence.
3. No, form 56 is not needed.
4. Efile for deceased instructions.
Each situation is unique. I strongly recommend you run through the IRS How Do I File a Deceased Person program. It is very detailed and will tell you exactly what is best for your situation.
I am very sorry for your loss.
thank you -- i really appreciate your insights.
Enhancement request - you should be able to respond by email to a response to your post.
unfortunately when i went to the IRS link and started thru its interactive tool, the first question was 'did he die in 2020 or earlier?" Since he died in 2021, i selected No and continue. it took me to a page of about 4 dozen various links. i selected How to file for a deceased person, and it took mew back to your link below. It wasn't any help.
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