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How do I delete Form 1310 from a decedent's original tax return?

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Level 3
 
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12 Replies 12
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Level 3

I forgot to enter my detail before clicking post. 

It appears I'm caught in a loop. The instructions for Form 1310 say that the form is not required if the personal representative is filing an original 1040. The instructions also say the return can be e-filed if the court document appointing the personal representative is attached to the return.

I attached the court document to the original return. However, I cannot delete Form 1310 from the tax return even though it isn't required. The form stays in the return after several attempts to delete it.

The error message says I can't e-file since Form 1310 is included. Why does PS think Form 1310 needs to be included? How do I delete that form?

Do I simply give up and check box C (person other than a surviving spouse or personal representative) so the return can be e-filed? 

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Level 8

Have you check the box on the Electronic Filing Information Worksheet > page 2 Miscellaneous Electronic Filing Items > 4th line down - surviving spouse is personal representative ?   

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Level 3

The personal representative isn't a surviving spouse. But I entered the name of the personal representative on the EF Info Worksheet in that same section hoping that it would allow me to be able to delete the 1310 and e-file. No luck. Still can't delete the 1310.

Thanks for your help.

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Level 8

https://proconnect.intuit.com/community/proseries-discussions/discussion/my-client-is-deceased-and-h...

according to this discussion you should be able to efile with the Form 1310.   

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Level 8

Sorry, read the discussion again, you don't really want the Form 1310.  You've tried Ctrl+W  while Form 1310 is open and it doesn't delete?

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Level 3

Yes, I've tried several times. I don't know why I can't delete that form. This is the decedent's original return and I've attached the PR court appointment document. These are the requirements to not have to file the 1310 and to be able to e-file.

Thanks.

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Level 10

IDK why either, just paper file. It's not a sin.

** I'm still a champion... of the world! Even without The Lounge.
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Level 3

Well it's close to a sin. 🙂 Much easier to email or DocuSign.

Thanks.

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Level 15

I've never been able to make the efile work in this situation either - in Lacerte.

@Just-Lisa-Now-seems to have a magic touch with this.

 


ex-AllStar
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Level 15
Level 15

I think if its a court appointed PR you have to paper file....Ive always been able to Efile returns with a `1310, but Ive never had one with a court appointed PR ...no clue why its this way, but I feel like Ive seen it mentioned in the past.


♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
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Level 3

Thanks, Lisa.

I don't know why PS won't let us delete the 1310 when it's not needed. Per the IRS instructions, F 1310 isn't needed if there is a court appointed personal representative and the court document is attached to the tax return.

Oh well, already paper filed.

Thanks.

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Level 15
Level 15
I always thought the court document was attached along with the 1310...but again, Ive never had one of these so Ive never had to research any further.

♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
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