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Level 3
September 21, 2022
Solved

Fix Form 1310 - when it's not required - glitch ASAP

  • September 21, 2022
  • 2 replies
  • 22 views

EDIT: Tech support advised I post this for developers to see.

I have a 2021 MFJ client whose husband passed away in 2021. Again, they're married filing jointly and filing as such for 2021.

The client is filing fed and Colorado individual income tax returns with refunds due on both.

ProConnect has a severe glitch and problem that has been mentioned here on these boards very specifically before and continues to happen.

The surviving spouse is filing the returns as such, and therefore we do NOT need to complete and file federal Form 1310 - Statement of Person Claiming Refund Due a Deceased Taxpayer. It's simply not required by the IRS in this case.

Yet, when I check the returns, a critical diagnostic preventing e-filing altogether is returned:

"If Form DR 0104 checkbox for deceased is marked and the return is claiming a refund, Form DR 0102 must be submitted."  CO - Ref #49166

And, in order to force the above Colorado 0102 to generate, I have to activate and complete the NOT REQUIRED federal Form 1310.

And, even if I activate and complete the unnecessary federal Form 1310, a critical diagnostic still prevents me from e-filing both returns!

I contacted ProConnect and it couldn't help and advised me to post here.

I understand having to snail mail the Colorado 0102, yet ProConnect is forcing a 1310 that's not required and still won't allow any e-filing.

This topic has been closed for replies.
Best answer by CryptoRoz

@CryptoRoz Look at the history of the person you are calling a condescending arse! You are so wrong.

You can to this forum looking for help because support did not provide what you wanted or needed. There are several power users her that try to assist and often know far more than support does. We do not have all the details of your issue, only what you post. We don't know what steps you have taken. 

Calm down and ask full and complete questions. Interact with the respondent to give more information if it will help you get to a desired end.

Sometimes users will mention superpowers of the Lacerte program that don't work on ProConnect. 

Best of luck, but be nice. 


Tech support specifically advised that I post about the issue.

And, mind you, we pay increased money for this software each year to work properly. The issue I posted about should not be happening in terms of the Federal Form 1310, when it's not required for this taxpayer.

This is a software issue. Thus, the post. 

Now, I agree that the Colorado form should be mailed. Tech support and myself have tried everything. You cannot ignore the critical diagnostic and e-file. It prevents e-filing. I'm using ProConnect.

An aside: I did not post to receive subjective "advice," especially inclusive of remarks about death and bureaucracy. As mentioned, I personally have suffered the greatest loss of my life this year in losing my father. And, for folks who lack the empathy to understand this--we have huge hoops to jump through for court and probate and taxes and waiting and waiting for final forms. We get it. We don't need strangers on forums to stand on soapboxes.

Many thanks for your response. Best wishes.

2 replies

PhoebeRoberts
Intuit Community Champion
September 21, 2022

Useful advice:

1) Are you sure that the critical diagnostic actually prevents e-filing? A lot of them don't.

2) Generate the CO 0102, print it to PDF, attach the PDF to the CO e-file, remove the Form 1310 entries. Alternatively, apply the CO refund forward to 2022, when they won't have this problem. (They'll have a different problem, because CO is going to stick that refund in the deceased spouse's name, but the returns will e-file just fine both years.)

3) Disable e-file error checking and see what gets accepted.

Hard truths you are unlikely to appreciate:

4) We have to tell clients that the e-file rules are sometimes stupid, bureaucratic, and unfair all the time. Sometimes bad things happen to good people. This is particularly true when someone dies, because pretty much everything about death is stupid, bureaucratic, and unfair.

5) Ain't no one going to be attempting to fix anything this late in the season, in large part because every update carries a non-zero risk of breaking something else. That sucks when you have what seems like an obvious, easy to fix thing. For me one year, that was "the supporting schedule Lacerte is producing doesn't foot."

6) You and your client have known for 9 months now that they had a tax return due this year. Here it is September already; they can't be too desperate for the money.

CryptoRozAuthor
Level 3
September 21, 2022

You mean, not useful advice.

1. Yes, and tech support tried as well and couldn't force e-filing.

2. We tried. Not a workaround. Client doesn't want to apply to 2022.

3. Doesn't allow e-filing.

4. You sound like a condescending arse. Considering my own father passed away this year, and the years I've been in practice, I know this. Project your condescending mean-spirited ego elsewhere.

5 and 6. See #4.

George4Tacks
Level 15
September 21, 2022

@CryptoRoz Look at the history of the person you are calling a condescending arse! You are so wrong.

You can to this forum looking for help because support did not provide what you wanted or needed. There are several power users her that try to assist and often know far more than support does. We do not have all the details of your issue, only what you post. We don't know what steps you have taken. 

Calm down and ask full and complete questions. Interact with the respondent to give more information if it will help you get to a desired end.

Sometimes users will mention superpowers of the Lacerte program that don't work on ProConnect. 

Best of luck, but be nice. 

Answers are easy. Questions are hard!
Level 3
May 16, 2025

This forced paper filing by ProConnect for Form 1310 has still not been resolved as of May 16th, 2025. Commenting as we are having the same issue. This is a ProConnect software issue, please update.

sjrcpa
Level 15
May 16, 2025

It seems to be all software. Also IRS doesn't follow its own instructions for when 1310 is needed or not.

The more I know the more I don’t know.
BobKamman
Level 15
May 16, 2025

I prepared 2021 through 2024 returns for a nonfiler taxpayer who died in 2024.  Refunds of about $2,000 for each year. Too much federal tax withheld on state pension, no tax withheld for state.  Owed about $1,000 each year to the state, where the Revenue Department doesn't do a match to check if its own pension recipients are filing.  Anyway, we filed 2021 in mid-March, waited a couple weeks to file 2022 and 2023, then waited another two weeks to file 2024.  Sometimes, IRS will freeze an account if prior years haven't been filed and processed.  Attached Form 1310 and Letters of Personal Representative to all returns. 

The 2022 and 2023 refunds have already been received.  2024 is still being processed.  For 2021, we received one of those "identity theft" letters asking the decedent to give IRS a phone call with the return in front of him.  When calling IRS, you listen to a couple minutes of irrelevant blather, then press 3 to be transferred to the right section.  Where, the recording tells you they have too many phone calls, please call back later, and hangs up.  

I bill for wasted time, and my client the PR lives 200 miles away and can't be by my side to help with phone calls.  We sent a Form 911 to the Service Center TAS.  Figure it will take a couple months for someone to sort it out, but that means they have to pay interest.  The 2022 and 2023 refunds came within 45 days, so no interest was required.