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Why is Form 1310 not being generated

JeffCPA
Level 4

I have just prepared just prepared a 2022 Form 1040 for a deceasd taxpayer who died August 31, 2022.  Decedent was a widow, and her son has been appointed as Executor of her estate.    There is a refund calculated on behalf of the decedent of $626.   I have checked the efile features, so I am going to be efiling the federal return.  

Normally, I would be seeing and getting prompts to completed Form 1310, and would have to check the various boxes on that.   However, Form 1310 is nowhere to be found, and it seems like the system is going to allow me to efile the return, and a paper check for the refund will be going out in the mail.   Something seems wrong here?    Is this sofware not working properly?  Any help or guidance, please?  Thanks much.   Jeff Crossland

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5 Comments 5
Just-Lisa-Now-
Level 15
Level 15

Youre sure youve got the date of death entered?  I know it sounds dumb to ask, but I did this a few weeks ago.


♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
JeffCPA
Level 4

Hi Lisa.   Not dumb to ask at all, as I thought that same thing when I first noticed this.  But, yes, I do have the date of death entered, which is 08/31/2022.  I even checked the pdf of the first page of Form 1040, and up at the top of that page, as is typical, the document reased "deceased" with date of death.   So, as far as I can tell, I have entered everything correctly, and yet I am not being prompted at all to complete form 1310, and not getting any kind of the typical message that would tell me this return is not eligible to be efile.   Seems very odd.  Jeff 

rbynaker
Level 13

I've seen a lot of contradictory advice regarding a 1310.  From the form instructions, I think the example at the bottom of page 1 meets your fact pattern:

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

"You do not need to file Form 1310 to claim the refund on Mr. Green’s tax return.  However, you must attach to his return a copy of the court certificate showing your appointment."

In the past PS automatically triggered the 1310 though and you had to check some boxes to make the errors go away.

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JeffCPA
Level 4

Hello rbnyaker.  Thanks for this, and I am familiar with what you are stating, and I agree that Form 1310 would not be needed in this instance.   So, to that extent,  I suppose proseries should not be prompting me with any error messages--although I am rembering proseries, I guess in the past, prompting me to go to 1310 and check the appropriate boxes.   

However, shouldn't proseries be prompting me/telling me that this return is not eligibile to be efile, because I have to attacha short certificate or other document demonstrating a court appointment?  It seems to me, I am remember that kind of prompting as well.   Maybe that will only happen when I actually attempt to efile this return, and it gets rejected??   Thanks   Jeff

 

 

 

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Just-Lisa-Now-
Level 15
Level 15

I agree, how does PS know its not required until you answer the questions about it.   If you run through Review and read the diagnostics screens, do any of them mention the 1310 at all?

I know Ive seen other posts about inconsistent 1310 prompts earlier this season, I havent had any that werent self induced though.


♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
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