Form 1310

[DaveF1006]

To make Turbo Tax deliriously happy and give you an opportunity to efile, let's generate a 1310 just so Turbo Tax will think you have a 1310 present. You don't need to send it in since you already have but generate one anyway and fill it out. Turbo Tax will give you special instructions on how to mail it in the end but in the meantime, let's get you efiled.

If you are using Turbo Tax online and working in your return, look on the right hand side of your screen where there is a search box and magnifying glass.  in that search box, i want you to type this verbatim, 1310, statement of person claiming refund due a deceased taxpayer. Make sure the spacing is correct. After this is type, you should see a link that will pop up that says, jump to 1310, statement of person claiming refund due a deceased taxpayer. Select it, and fill out the form.

If you are using the software version of Turbo Tax go to the forms mode of your return. Then on the left-hand side of your screen, slect open form and type in 1310 and begin working on it.

[mapsjohn]

I'm using the desktop version and after going to the form and working on it, there is still an error that says "Not Done" and I still can't e-file.

[mapsjohn]

It appears that the issue is that Box C on Form 1310 needs to be checked in order to e-file. But in my case checking Box C would seem to be incorrect since I am the court appointed personal representative (Box B).

[M-MTax]

It appears that the issue is that Box C on Form 1310 needs to be checked in order to e-file. But in my case checking Box C would seem to be incorrect since I am the court appointed personal representative (Box B).

@mapsjohn 

If you check ANY box other than BOX C you CANNOT efile because you have to attach documents.....either a copy of the court certificate if you checked BOX B or the refund check if you checked BOX A.

[kvgroth2]

I filed fed and state in March with 1310 online. no issues.

[M-MTax]

I filed fed and state in March with 1310 online. no issues.

You were only able to do that because you checked BOX C. 

[mapsjohn]

Am I allowed to check Box C even if I am the court-appointed personal representative (administrator)?

[ToddL99]

@mapsjohn

No, if you are the court-appointed representative then you must check Box B and attach a court certificate showing your appointment (unless previously filed).

You cannot attach documents to an e-filed return, so you will have to print and file the return by mail. By checking Box B, the program presumes you need to attach the court certificate appointing you as the personal representative.

See How do I print and mail my return in TurboTax Online? 

[red2tire]

I am trying to e-file my mother's final return. She is due a refund and it is absolutely absurd that the only way to e-file seems to be to select 'C' in Part 1 of form 1310.  I am the court appointed executor, so the correct choice clearly is 'B' yet that precludes e-filing, even though I specified that my documentation has previously been completed and sent to the IRS.  This seems like a clear and very annoying bug in Turbotax (using Deluxe version, purchased and downloaded to a Mac), considering the IRS says that you can e-file for a deceased person.

Is there any consequence to checking 'C' and e-filing, then sending a separate 1310 by mail (instead of the whole huge return) to correct it?  When you e-file and have 'C' checked, how is that reflected in what gets sent to the IRS via e-filing?

[kvgroth2]

I guess you could do an ammended return after you e-filed. You should call TurboTax help and have them go through this with you getting that form in correctly. Why are you filing the rteturn so late? That moght be part of the issue.

[red2tire]

I have already spent multiple hours talking to TurboTax help.  Not helpful.  Conclusion was can only e-file if you check box C (that you are not the court appointed representative).

I guess you have never filed for an extension.  Forms not due until 10/15/21.  In addition, I have already filed appropriate paperwork proving court appointment over a year ago.  Turbotax doesn't seem to handle this properly.

[VillageGuy]

Very frustrating. TurboTax has contradictory instructions regarding Form 1310.

In one place TT says a personal representative (Box B) can efile, then mail Form 1310.

But when it comes to actually filing, TT tells us that hokum about "The good news is you can still print your federal return and file it by mail."

Adding to frustration: "Jump To" is not a functioning feature on Mac TT software. Why don't they tell us that?

[ChondelLO]

Did the return show a refund? Please respond to this thread for further assistance. 

[Imanico1]

I think the issue is that Form 1310 can only be filed with a Form 1040, with Box C checked. If boxes A and B are checked, the return must be filed with Form 1040-X or Form 843. I believe this is the case, whether the return is filed by paper and mailed or if it were filed electronically. 

According to the IRS rules, if a personal representative is filing the final income tax return, on behalf of a decedent, Form 1310 is not even required. For that matter, the person just needs to indicate that they are the personal representative, mark the return with "DECEASED" on the top of Form 1040, and send the return by mail, along with the court-appointed documentation. 

Otherwise, IF one inadvertently happened to send the original return electronically with Box C checked, since the IRS allows 1040-x to be e-filed with the Box A or B checked on Form 1310, one could electronically file the amended 1310 form (with only Part I completed and Box A or B checked), subsequent to the original filing. This would establish, for the record, that a personal representative did, in fact, exist. This will require that you include court documentation. Some software applications will allow you to attach a pdf to a return, before efiling, similar to what was required with Forms 8915-E and 8915-F last year and this year respectively. 

[Braincapacitor]

A recent post ,from 2024,  gives instructions for Form 1310 and states that it can now be e-filed. I don't see any way to sign the form without printing it out and I don't know of any way to attach it to my return before e-filing.  Am I missing something? Thanks!