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Level 3
July 28, 2024
Solved

My brother-in-law may have forgot to do his RMD.

He normally withdraws it in December. But  my sister broke her hip and went to a nursing home and he passed away in June. If he didn't do it, should I send the IRS the return as is? 

Also He never filed 2022 taxes. I have everything except my sisters Social Security Statement. Can Her daughter as power of attorney obtain it?

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judys3Answer
Level 6
July 30, 2024

Yes this is what I have done on some returns.  If there are any additional taxes due for the difference they will get a letter.

4 replies

qbteachmt
Level 15
July 29, 2024

The beneficiaries should have taken the RMD. You're still within the 2-year remedy window. You can apply for penalty waiver.

https://smartasset.com/retirement/if-you-miss-your-rmd-deadline

For SSA, they don't recognize standard POA. You need to get a form from them, and sometimes it requires a visit to the local office in person.

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sjrcpa
Level 15
July 29, 2024

Tip re the SSA: If you have the 2021 statement, use it and add the COLA for 2022. You'll be within $5 of the actual amount.

The more I know the more I don’t know.
judys3Answer
Level 6
July 30, 2024

Yes this is what I have done on some returns.  If there are any additional taxes due for the difference they will get a letter.

Jack1952Author
Level 3
August 1, 2024

Thank You. It worked perfectly.