E-filing for deceased person error for form 1310

Forum|Forum|5 years ago
May 11, 2021
2 replies
25 views

I running into an issue while trying to e-file for a deceased person. Because there is a refund, so the system requires form 1310 to be filed.

But after I go to that screen, it has a note says "Form 1310 is not required for a surviving spouse filing an original joint return or a personal representative filing an original Form 1040" and for my case is a personal representative.

But the critical error is there force me to fill out 1310, to mark Part I box A, B or C. But after I marked B gives me another error "Form 1310: The IRS's e-file specifications do not allow Form 1310 to be e-filed if Form 1310, Part I Box A (Surviving spouse, requesting reissuance of a refund check) is marked. In addition, the IRS's e-file specifications do not allow Form 1310 to be e-filed if Form 1310, Part I Box B (Court appointed personal representative is claiming the decedent's refund) is marked without Form 1040-X Amended Return. This return must be filed as a paper return."

These errors just bring me back and forth between each other.

So if I understand this right, I just simply cannot E-file? I called the customer service regarding this error, and apparently they have no idea what's happening on this one...

ProConnect Tax

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Best answer by George4Tacks

From Pub 559

Form 1310, Statement of Person Claiming Refund Due a Deceased Taxpayer. Form 1310 doesn't have to be filed if you are claiming a refund and either of the following applies to you.
• You are a surviving spouse filing an original or amended joint return with the decedent.
• You are a court-appointed or certified personal representative filing the decedent’s
original return and a copy of the court certificate showing your appointment is attached to the return.

sjrcpa

Level 15

Looks like you have a paper return.

The more I know the more I don’t know.

T

TaxStyleAuthor

Level 3

ends up client was appointed by trust. so mark box C gives no error. i guess that's the way...

George4Tacks

Level 15

DO NOT ATTACH 1310. Attach the letter of appointment. Any refund will be to the Estate of ....

You are likely seeing warnings that do NOT affect the efiling of the tax return.

Answers are easy. Questions are hard!

George4TacksAnswer

Level 15

From Pub 559

Form 1310, Statement of Person Claiming Refund Due a Deceased Taxpayer. Form 1310 doesn't have to be filed if you are claiming a refund and either of the following applies to you.
• You are a surviving spouse filing an original or amended joint return with the decedent.
• You are a court-appointed or certified personal representative filing the decedent’s
original return and a copy of the court certificate showing your appointment is attached to the return.

Answers are easy. Questions are hard!