How soon after a person dies do you have to file an estate tax return?

Forum|Forum|1 year ago
April 9, 2025
1 reply
9 views

I have a client that died in late October and her family is from another country. I am filing the lady's last year tax return for the family. Wondering about the estate tax form before 4/15 hits. Some one mentioned to them that they could do like from 10/20/24 to 10/19/25 instead of the regular due date of 4/15. Is that so? if so was there a place on any form they were to state that? I just don't want them late for filing and could apply for an extension if they are wrong. I told them maybe it's on the form when the attorney applied for the federal tax id... and maybe not.. not sure. Please help if any one knows the real answer.

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BobKamman

Level 15

I think you're asking about the estate income tax return, Form 1041. Not a Form 706 estate tax return. And was your client a US citizen? If so, probably not wealthy enough to worry about estate taxes. (For resident aliens there are special rules, which I would have to look up.)

Yes, the estate can elect to be taxed on a fiscal year basis, ending in September 2025 or any month before that. Does the estate have income? Will it be fully administered by September? Someone has to make decisions here, and you're not the one in charge. But you can advise them. Otherwise, did the estate have any income from date of death through December 31? If a calendar-year 1041 is required, you have a week to prepare it, or file an extension.

shf1957Author

Level 6

The person that died was an elderly America citizen. Her only family are Canadians and live in Canada. She died at the end of October. She had income up to her death so I did an extension due to the fact a refund and it stated it needed to be a mail in and with the seal from probate etc for the executress .. and that is right now with the party in Canada.as well as the original 1099r forms.

I believe there is a 1099div for the estate that came for the year (Nov-Dec) so having that 1099.. I didn't know if i had to file a 1041 extension.. or had to file for the 2 months. etc... there is a house that will be involved and other 1099's etc..... What really was bothering me beside not doing the proper year 1041 is how would the IRS know we plan to do 10/2024 to 10/2025.. and not a calendar year. I don't want them to get in trouble or get fines etc...

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