Have a Tax Question? Ask a Tax Expert
Hi and welcome to our site!That is absolutely true - you personally are NOT responsible for your spouse's tax debt.You may simply inform the IRS that your spouse passed away - and there is no estate - and they will close his account and will write off the remaining debt. You might need to provide a copy of his death certificate.
You may be only held responsible if you filed a joint tax return with your spouse.For years which you did not file a joint tax return - you are not responsible for your spouse's tax debt. You are only responsible for YOUR tax returns - that you filed separately or jointly.
Filing his final tax return is your responsibility as an executor.If the taxpayer dies - all income received by the taxpayer up to the day he/she passed away is reported on the final tax return of the decedent. The income received before the death will be taxable on the decedent final return on form 1040. Write "DECEASED," the decedent's name, and the date of death across the top of the tax return. The decedent's income includible on the final return is generally determined as if the person were still alive except that the taxable period is usually shorter because it ends on the date of death. You must attach Form 1310 to all returns and claims for refund - so refund checks will be issued with your name - www.irs.gov/pub/irs-pdf/f1310.pdf
Unfortunately - as you already made payments - the IRS will not provide any refund. But from now - you personally are not liable.
Unfortunately - as you already made payments - the IRS will NOT provide any refund.They will also garnish any possible tax refund due of the final tax return to satisfy your spouse's tax debt.I am sorry for your mistake - but there is no refund.
I am very sorry for your mistake resulted a financial burden.. Unfortunately - the IRS consider that tax debt as a valid debt - and all payments to satisfy the debt - are valid payments - regardless who made such payments. So - regardless if you personally were liable or not - there is NO refund. Unfortunately.But I am glad that you figure out that you personally are not liable - and stopped all further payments.
Generally - filing a final tax return is a responsibility of the executor.If he had NO income - the final tax return is not required.However - that is generally the way to inform the IRS about the death - so it is advisable to file the final tax return even it is not required. Based on your information - you may choose to file or not to file the final tax return.
Yes - the IRS is informed about the death when it is registered by SSA.You may simply send them a letter with explanation of facts - no special form needed.And attach a copy of the death certificate - asking to close his account - and inform that there is no assets left as he was disabled and did not work for several years.You may also mention that tax returns were not required as he had no taxable income during last years before he passed away.