Form 1301-2025

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What Happens When You Fail to File the Taxes? ing to IRS regulations, executors and administrators must file proper tax returns for deceased persons. If they fail to do so, the IRS can hold them personally liable for the unpaid taxes.
On the final tax return, the surviving spouse or representative should note that the person has died. The IRS doesnt need a copy of the death certificate or other proof of death. Usually, the representative filing the final tax return is named in the persons will or appointed by a court.
How Long to Keep Tax Returns After Death of a Loved One? We generally recommend that you keep tax records for seven years after the passing of a loved one. The Internal Revenue Service can audit your loved ones for up to three years after their death. This is called a statute of limitations.
The executor knows of the unpaid taxes, but instead of using the estates assets to pay the taxes, distributes the assets to the heirs. In this situation, the executor could be personally liable for the decedents unpaid tax bill if there isnt enough money in the estate to settle the tax obligation.
If you dont file taxes for a deceased person, the IRS can take legal action by placing a federal lien against the Estate. This essentially means you must pay the federal taxes before closing any other debts or accounts. If not, the IRS can demand the taxes be paid by the legal representative of the deceased.
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Yes, the IRS can hold a decedents surviving spouse liable for unpaid taxes. This can happen when: The couple filed a joint tax return. The decedent owed back taxes on a return involving a property they co-owned with the surviving spouse that they filed as married filing separately.
If a tax refund is due, the person claiming the refund must fill out IRS Form 1310: Statement of Person Claiming Refund Due to Deceased Taxpayer unless the person is a surviving spouse filing a joint return or a court-appointed personal representative.
To get the refund, you must complete and attach Form 1310 to your fathers final return. You should check the box on line C of Form 1310, answer all the questions in Part II, and sign your name in Part III. You must also attach a copy of the death certificate or proof of death.

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