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Lev
Lev, Tax Advisor
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Experience:  Taxes, Immigration, Labor Relations
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Deceased Tax Questions EIC

Resolved Question:

I am preparing my mother in laws taxes. She is deceased as of May 23, 2009. She meets all the requirements for EIC. My questions is, since she passed away last May, is she still considered eligible? Also, an online site is bringing up the "Making Work Pay" credit. What is this and is she actually eligible being deceased? I planned to do her taxes myself, but I left those two items out which made her owe about $80 to federal. With the above two credits she would be refunded nearly $800. I've like to avoid any red flags from the IRS so I'd like some facts before I proceed myself.
Submitted: 4 years ago.
Category: Tax
Expert:  Lev replied 4 years ago.

Sorry for your loss...

 

You might want to become familiar with IRS publication 559 - http://www.irs.gov/pub/irs-pdf/p559.pdf

 

As the personal representative you must file the final income tax return (Form 1040) of the decedent for the year of death and any returns not filed for preceding years.

Write the word "DECEASED," the decedent's name, and the date of death across the top of the tax return.

Write the decedent's name in the name space and the personal representative's name and address in the remaining space.

If a personal representative has been appointed, that person must sign the return. If no personal representative has been appointed and if there is no surviving spouse, the person in charge of the decedent's property must file and sign the return as "personal representative."

Generally, a person who is filing a return for a decedent and claiming a refund must file Form 1310 with the return - http://www.irs.gov/pub/irs-pdf/f1310.pdf .

This form will instruct the IRS to issue the refund in your name.

 

If she was eligible for earned income and Making Work Pay credits - you may claim them - there is no issued because she died.

 

Let me know if you need any help.

 

Customer: replied 4 years ago.
1. Her estate was very simple, so simple we never filed for an EIN number. I don't see anywhere on Form 1040 or Form 1310 that asks for this number. If I file for the refund and use my own banking direct deposit information is that acceptable since I'm the administrator of the estate?

2. I've already placed "Deceased, Her Name and date of death" at the top of her taxes. you said to put her name in the "name" box and then mine (I'm administrator). Which box exactly am I suppose to put this in. In the spouse box or next to her name in the first name box?

While researching I ran across something that said you can only claim EIC for a deceased person if they lived atleast 6 months out of the year, so thank you for clearing that up.

Expert:  Lev replied 4 years ago.

1. Please be aware that above we talked about final return for the decedent - not about estate income tax return - that would be a separate issue.

For the final return for the decedent - you will use SSN - not EIN.

You may use your own bank account for direct deposit.

 

2. see for reference IRS publication 559 page 6

You can claim on the final income tax return any tax credits that applied to the decedent before death. Some of these credits are discussed next.
Earned income credit. If the decedent was an eligible individual, you can claim the earned income credit on the decedent's final return even though the return covers less than 12 months. If the allowable credit is more than the tax liability for the year, the excess is refunded.
For more information, see Publication 596, Earned Income Credit (EIC) - http://www.irs.gov/pub/irs-pdf/p596.pdf .

 

"I ran across something that said you can only claim EIC for a deceased person if they lived at least 6 months out of the year" - I do not see such limitation in either publication - please provide your reference and I will examine it.

 

 

Lev, Tax Advisor
Category: Tax
Satisfied Customers: 22646
Experience: Taxes, Immigration, Labor Relations
Lev and 2 other Tax Specialists are ready to help you
Customer: replied 4 years ago.
""I ran across something that said you can only claim EIC for a deceased person if they lived at least 6 months out of the year" - I do not see such limitation in either publication - please provide your reference and I will examine it."

My reference was just a random online forum, which is why I wanted to confirm with an expert before I trusted "Internet Joe's" advice. :)

You've answered all of my questions, thank you very much!

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