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1310

MGC94
Level 7

I am doing someone's taxes and their husband passed away. I did 2018, 2019, 2020, and 2021, The husband did not pass away until 2021. Do I only do the 1310 for 2021 or do I have to do it for the past years as well? 

We also have to mail it in. Should the wife sign his name for 2018, 2019, and 2020 being mailed in? 

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9 Comments 9
dkh
Level 15

I found this Google answer:    If you are claiming a refund on behalf of a deceased taxpayer, you must file Form 1310 if: • You are NOT a surviving spouse filing an original or amended joint return with the decedent; and • You are NOT a personal representative (defined later) filing, for the decedent, an original Form 1040, 1040-SR, 1040A, 1040EZ, ...

and this Google answer     

Who is a person not required to file form 1310?     If the surviving spouse claims the refund and is filing a joint return, Form 1310 is not required and you can e-file the return without Form 1310. Surviving spouses must file Form 1310 only when they request reissuance of a refund check in the surviving spouse's name.

So no Form 1310 required and the wife signs HER name only not the deceased husband's.

Hope this helped @MGC94        You've had an interesting tax season haven't you.

MGC94
Level 7

Very interesting.... As I said before I did not go to school for taxes just helping my 81 year old grandmother. 

So 18, 19, and 20 that I am mailing in do not include any signature for taxpayer only spouse and no 1310 

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dkh
Level 15

So 18, 19, and 20 that I am mailing in do not include any signature for taxpayer only spouse and no 1310

Correct, no 1310 required if filing joint return - surviving spouse signs.   You should only need to mail 2018.   The  2019  and 2020 could be efiled.

Terry53029
Level 14
Level 14

Spouse Will need to sign all past returns with  "Filing as surviving spouse" on husband's signature  line

qbteachmt
Level 15

"I did not go to school for taxes just helping"

God helps those who help themselves. The resources you should be using, not Schooling, but timely IRS info including confirming the tax year to which they apply, and continuing ed and updates are available to you, as well. It helps to read the tax form instructions, as they usually have a "who must use this form" section.

The IRS is your tax dollars at work. Example:

https://www.irs.gov/pub/irs-pdf/f1310.pdf

 

 

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"Level Up" is a gaming function, not a real life function.
MGC94
Level 7

I do help myself. Did over 800 returns and made over $100,000. There are just somethings I would like to double check or concretize in my head or get someone else's opinion. 

I was the speaker of the class at college with a 4.0 GPA. 

I am self taught in the office. I stepped in at 17 years old when my mommom had her first mini stoke and I quit my job to help her. 

I call the tax practitioner line and all I ever get at 7am is "due to high call volume" 

I most certainly do help myself. 

I do very well for myself actually. I also work the family who owns Urban Outfitters (a billionaire) , Godiva, Mars, a Vodka company.... 

I am doing this while working 3 other jobs and putting in volunteer time with my therapy dog I take to a children's learning centers/ running an business page for a non profit in our local town.  

I really do not know why you guys are so harsh on here. 

qbteachmt
Level 15

"I am self taught in the office."

That's the reason you should use the IRS resources. Calling them doesn't get you what reading the materials will get you.

"I really do not know why you guys are so harsh on here."

No one is being harsh. If you cannot tell when people are being helpful by pointing out the resources that will be useful, you are not really taking advantage of the peer users correctly. Asking them basic questions that an IRS search or even, as answered here, a Google Search can give you, means you are not using the best resources to their best advantage.

You think you are the only person that has gone through this, but we are not snowflakes. My father was a Lacerte user and I discovered he was mostly demented the final few years of his life, in his mid-80s and still doing clients' tax returns. He just forgot to do his own, for a couple of years. Everyone here was very helpful while I went through the issue of closing down his practice.

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"Level Up" is a gaming function, not a real life function.
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Terry53029
Level 14
Level 14

Hope you read instructions on all those returns. @qbteachmt  was not being harsh, just trying to help you become a better tax preparer. Did you read the instructions on the 1310. You should also see the instructions for the 1040 on who signs a return

IntuitGabi
Community Manager
Community Manager

Hi @MGC94! Wanted to pop in and share a 'thanks' for reaching out, and sorry for the loss of your grandmother's spouse last year. 

Just a friendly reminder that we all accomplish a lot in a short day. 
It's nice to take a break from the effort and ask available and willing folks here on the community to step in when we're feeling overwhelmed. It's okay to ask for help; a generous, helping hand goes so a long way here!! 

Thanks for stepping in @dkh @qbteachmt & @Terry53029 and sharing your resources.