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Can I Efile 2012 Taxes

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Can I Efile 2012 Taxes

Can i efile 2012 taxes Publication 559 - Main Content Table of Contents Personal RepresentativeDuties Fees Received by Personal Representatives Final Income Tax Return for Decedent—Form 1040Name, Address, and Signature When and Where To File Filing Requirements Income To Include Exemptions and Deductions Credits, Other Taxes, and Payments Tax Forgiveness for Armed Forces Members, Victims of Terrorism, and Astronauts Filing Reminders Other Tax InformationTax Benefits for Survivors Income in Respect of a Decedent Deductions in Respect of a Decedent Estate Tax Deduction Gifts, Insurance, and Inheritances Other Items of Income Income Tax Return of an Estate— Form 1041Filing Requirements Income To Include Exemption and Deductions Credits, Tax, and Payments Name, Address, and Signature When and Where To File Distributions to BeneficiariesIncome That Must Be Distributed Currently Other Amounts Distributed Discharge of a Legal Obligation Character of Distributions How and When To Report Bequest Termination of Estate Estate and Gift TaxesApplicable Credit Amount Gift Tax Estate Tax Generation-Skipping Transfer Tax Comprehensive ExampleFinal Return for Decedent—Form 1040 Income Tax Return of an Estate—Form 1041 How To Get Tax HelpLow Income Taxpayer Clinics Personal Representative A personal representative of an estate is an executor, administrator, or anyone who is in charge of the decedent's property. Can i efile 2012 taxes Generally, an executor (or executrix) is named in a decedent's will to administer the estate and distribute properties as the decedent has directed. Can i efile 2012 taxes An administrator (or administratrix) is usually appointed by the court if no will exists, if no executor was named in the will, or if the named executor cannot or will not serve. Can i efile 2012 taxes In general, an executor and an administrator perform the same duties and have the same responsibilities. Can i efile 2012 taxes For estate tax purposes, if there is no executor or administrator appointed, qualified, and acting within the United States, the term “executor” includes anyone in actual or constructive possession of any property of the decedent. Can i efile 2012 taxes It includes, among others, the decedent's agents and representatives; safe-deposit companies, warehouse companies, and other custodians of property in this country; brokers holding securities of the decedent as collateral; and the debtors of the decedent who are in this country. Can i efile 2012 taxes Duties The primary duties of a personal representative are to collect all the decedent's assets, pay his or her creditors, and distribute the remaining assets to the heirs or other beneficiaries. Can i efile 2012 taxes The personal representative also must perform the following duties. Can i efile 2012 taxes Apply for an employer identification number (EIN) for the estate. Can i efile 2012 taxes File all tax returns, including income, estate and gift tax returns, when due. Can i efile 2012 taxes Pay the tax determined up to the date of discharge from duties. Can i efile 2012 taxes Other duties of the personal representative in federal tax matters are discussed in other sections of this publication. Can i efile 2012 taxes If any beneficiary is a nonresident alien, see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities, for information on the personal representative's duties as a withholding agent. Can i efile 2012 taxes Penalty. Can i efile 2012 taxes   There is a penalty for failure to file a tax return when due unless the failure is due to reasonable cause. Can i efile 2012 taxes Reliance on an agent (attorney, accountant, etc. Can i efile 2012 taxes ) is not reasonable cause for late filing. Can i efile 2012 taxes It is the personal representative's duty to file the returns for the decedent and the estate when due. Can i efile 2012 taxes Identification number. Can i efile 2012 taxes   The first action you should take if you are the personal representative for the decedent is to apply for an EIN for the estate. Can i efile 2012 taxes You should apply for this number as soon as possible because you need to enter it on returns, statements, and other documents you file concerning the estate. Can i efile 2012 taxes You also must give the number to payers of interest and dividends and other payers who must file a return concerning the estate. Can i efile 2012 taxes   You can get an EIN by applying online at www. Can i efile 2012 taxes irs. Can i efile 2012 taxes gov (click on "Apply for an EIN Online" under the Tools heading). Can i efile 2012 taxes Generally, if you apply online, you will receive your EIN immediately upon completing the application. Can i efile 2012 taxes You can also apply using Form SS-4, Application for Employer Identification Number. Can i efile 2012 taxes Generally, if you apply by mail, it takes about 4 weeks to get your EIN. Can i efile 2012 taxes See the form instructions for other ways to apply. Can i efile 2012 taxes   Payers of interest and dividends report amounts on Forms 1099 using the identification number of the person to whom the account is payable. Can i efile 2012 taxes After a decedent's death, Forms 1099 must reflect the identification number of the estate or beneficiary to whom the amounts are payable. Can i efile 2012 taxes As the personal representative handling the estate, you must furnish this identification number to the payer. Can i efile 2012 taxes For example, if interest is payable to the estate, the estate's EIN must be provided to the payer and used to report the interest on Form 1099-INT, Interest Income. Can i efile 2012 taxes If the interest is payable to a surviving joint owner, the survivor's identification number, such as an SSN or ITIN, must be provided to the payer and used to report the interest. Can i efile 2012 taxes   If the estate or a survivor may receive interest or dividends after you inform the payer of the decedent's death, the payer should give you (or the survivor) a Form W-9, Request for Taxpayer Identification Number and Certification (or a similar substitute form). Can i efile 2012 taxes Complete this form to inform the payer of the estate's (or if completed by the survivor, the survivor's) identification number and return it to the payer. Can i efile 2012 taxes    Do not use the deceased individual's identifying number to file an individual income tax return after the decedent's final tax return. Can i efile 2012 taxes Also do not use it to make estimated tax payments for a tax year after the year of death. Can i efile 2012 taxes Penalty. Can i efile 2012 taxes   If you do not include the EIN or the taxpayer identification number of another person where it is required on a return, statement, or other document, you are liable for a penalty for each failure, unless you can show reasonable cause. Can i efile 2012 taxes You also are liable for a penalty if you do not give the taxpayer identification number of another person when required on a return, statement, or other document. Can i efile 2012 taxes Notice of fiduciary relationship. Can i efile 2012 taxes   The term fiduciary means any person acting for another person. Can i efile 2012 taxes It applies to persons who have positions of trust on behalf of others. Can i efile 2012 taxes A personal representative for a decedent's estate is a fiduciary. Can i efile 2012 taxes Form 56. Can i efile 2012 taxes   If you are appointed to act in a fiduciary capacity for another, you must file a written notice with the IRS stating this. Can i efile 2012 taxes Form 56, Notice Concerning Fiduciary Relationship, is used for this purpose. Can i efile 2012 taxes See the Instructions for Form 56 for filing requirements and other information. Can i efile 2012 taxes   File Form 56 as soon as all the necessary information (including the EIN) is available. Can i efile 2012 taxes It notifies the IRS that you, as the fiduciary, are assuming the powers, rights, duties, and privileges of the decedent. Can i efile 2012 taxes The notice remains in effect until you notify the IRS (by filing another Form 56) that your fiduciary relationship with the estate has terminated. Can i efile 2012 taxes Termination of fiduciary relationship. Can i efile 2012 taxes   Form 56 should also be filed to notify the IRS if your fiduciary relationship is terminated or when a successor fiduciary is appointed if the estate has not been terminated. Can i efile 2012 taxes See Form 56 and its instructions for more information. Can i efile 2012 taxes   At the time of termination of the fiduciary relationship, you may want to file Form 4810, Request for Prompt Assessment Under Internal Revenue Code Section 6501(d), and Form 5495, Request for Discharge From Personal Liability Under Internal Revenue Code Section 2204 or 6905, to wind up your duties as fiduciary. Can i efile 2012 taxes See below for a discussion of these forms. Can i efile 2012 taxes Request for prompt assessment (charge) of tax. Can i efile 2012 taxes   The IRS ordinarily has 3 years from the date an income tax return is filed, or its due date, whichever is later, to charge any additional tax due. Can i efile 2012 taxes However, as a personal representative, you may request a prompt assessment of tax after the return has been filed. Can i efile 2012 taxes This reduces the time for making the assessment to 18 months from the date the written request for prompt assessment was received. Can i efile 2012 taxes This request can be made for any tax return (except the estate tax return) of the decedent or the decedent's estate. Can i efile 2012 taxes This may permit a quicker settlement of the tax liability of the estate and an earlier final distribution of the assets to the beneficiaries. Can i efile 2012 taxes Form 4810. Can i efile 2012 taxes   Form 4810 can be used for making this request. Can i efile 2012 taxes It must be filed separately from any other document. Can i efile 2012 taxes   As the personal representative for the decedent's estate, you are responsible for any additional taxes that may be due. Can i efile 2012 taxes You can request prompt assessment of any of the decedent's taxes (other than federal estate taxes) for any years for which the statutory period for assessment is open. Can i efile 2012 taxes This applies even though the returns were filed before the decedent's death. Can i efile 2012 taxes Failure to report income. Can i efile 2012 taxes   If you or the decedent failed to report substantial amounts of gross income (more than 25% of the gross income reported on the return) or filed a false or fraudulent return, your request for prompt assessment will not shorten the period during which the IRS may assess the additional tax. Can i efile 2012 taxes However, such a request may relieve you of personal liability for the tax if you did not have knowledge of the unpaid tax. Can i efile 2012 taxes Request for discharge from personal liability for tax. Can i efile 2012 taxes   An executor can make a request for discharge from personal liability for a decedent's income, gift, and estate taxes. Can i efile 2012 taxes The request must be made after the returns for those taxes are filed. Can i efile 2012 taxes To make the request, file Form 5495. Can i efile 2012 taxes For this purpose, an executor is an executor or administrator that is appointed, qualified, and acting within the United States. Can i efile 2012 taxes   Within 9 months after receipt of the request, the IRS will notify the executor of the amount of taxes due. Can i efile 2012 taxes If this amount is paid, the executor will be discharged from personal liability for any future deficiencies. Can i efile 2012 taxes If the IRS has not notified the executor, he or she will be discharged from personal liability at the end of the 9-month period. Can i efile 2012 taxes    Even if the executor is discharged from personal liability, the IRS will still be able to assess tax deficiencies against the executor to the extent he or she still has any of the decedent's property. Can i efile 2012 taxes Insolvent estate. Can i efile 2012 taxes   Generally, if a decedent's estate is insufficient to pay all the decedent's debts, the debts due to the United States must be paid first. Can i efile 2012 taxes Both the decedent's federal income tax liabilities at the time of death and the estate's income tax liability are debts due to the United States. Can i efile 2012 taxes The personal representative of an insolvent estate is personally responsible for any tax liability of the decedent or of the estate if he or she had notice of such tax obligations or failed to exercise due care in determining if such obligations existed before distribution of the estate's assets and before being discharged from duties. Can i efile 2012 taxes The extent of such personal responsibility is the amount of any other payments made before paying the debts due to the United States, except where such other debt paid has priority over the debts due to the United States. Can i efile 2012 taxes Income tax liabilities need not be formally assessed for the personal representative to be liable if he or she was aware or should have been aware of their existence. Can i efile 2012 taxes Fees Received by Personal Representatives All personal representatives must include fees paid to them from an estate in their gross income. Can i efile 2012 taxes If you are not in the trade or business of being an executor (for instance, you are the executor of a friend's or relative's estate), report these fees on your Form 1040, line 21. Can i efile 2012 taxes If you are in the trade or business of being an executor, report fees received from the estate as self-employment income on Schedule C or Schedule C-EZ of your Form 1040. Can i efile 2012 taxes If the estate operates a trade or business and you, as executor, actively participate in the trade or business while fulfilling your duties, any fees you receive related to the operation of the trade or business must be reported as self-employment income on Schedule C (or Schedule C-EZ) of your Form 1040. Can i efile 2012 taxes Final Income Tax Return for Decedent—Form 1040 The personal representative (defined earlier) 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. Can i efile 2012 taxes A surviving spouse, under certain circumstances, may have to file the returns for the decedent. Can i efile 2012 taxes See Joint Return, later. Can i efile 2012 taxes Return for preceding year. Can i efile 2012 taxes   If an individual died after the close of the tax year, but before the return for that year was filed, the return for the year just closed will not be the final return. Can i efile 2012 taxes The return for that year will be a regular return and the personal representative must file it. Can i efile 2012 taxes Example. Can i efile 2012 taxes Samantha Smith died on March 21, 2013, before filing her 2012 tax return. Can i efile 2012 taxes Her personal representative must file her 2012 return by April 15, 2013. Can i efile 2012 taxes Her final tax return covering the period from January 1, 2013, to March 20, 2013, is due April 15, 2014. Can i efile 2012 taxes Name, Address, and Signature Write the word “DECEASED,” the decedent's name, and the date of death across the top of the tax return. Can i efile 2012 taxes If filing a joint return, write the name and address of the decedent and the surviving spouse in the name and address fields. Can i efile 2012 taxes If a joint return is not being filed, write the decedent's name in the name field and the personal representative's name and address in the address field. Can i efile 2012 taxes Third party designee. Can i efile 2012 taxes   You can check the “Yes” box in the Third Party Designee area on page 2 of the return to authorize the IRS to discuss the return with a friend, family member, or any other person you choose. Can i efile 2012 taxes This allows the IRS to call the person you identified as the designee to answer any questions that may arise during the processing of the return. Can i efile 2012 taxes It also allows the designee to perform certain actions. Can i efile 2012 taxes See the Instructions for Form 1040 for details. Can i efile 2012 taxes Signature. Can i efile 2012 taxes   If a personal representative has been appointed, that person must sign the return. Can i efile 2012 taxes If it is a joint return, the surviving spouse must also sign it. Can i efile 2012 taxes If no personal representative has been appointed, the surviving spouse (on a joint return) signs the return and writes in the signature area “Filing as surviving spouse. Can i efile 2012 taxes ” 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. Can i efile 2012 taxes ” Paid preparer. Can i efile 2012 taxes   If you pay someone to prepare, assist in preparing, or review the tax return, that person must sign the return and fill in the other blanks in the Paid Preparer Use Only area of the return. Can i efile 2012 taxes See the Form 1040 instructions for details. Can i efile 2012 taxes When and Where To File The final income tax return is due at the same time the decedent's return would have been due had death not occurred. Can i efile 2012 taxes A final return for a decedent who was a calendar year taxpayer is generally due on April 15 following the year of death, regardless of when during that year death occurred. Can i efile 2012 taxes However, when the due date falls on a Saturday, Sunday, or legal holiday, the return is filed timely if filed by the next business day. Can i efile 2012 taxes The tax return must be prepared for the year of death regardless of when during the year death occurred. Can i efile 2012 taxes Generally, you must file the final income tax return of the decedent with the Internal Revenue Service Center for the place where you live. Can i efile 2012 taxes A tax return for a decedent can be electronically filed. Can i efile 2012 taxes A personal representative may also obtain an income tax filing extension on behalf of a decedent. Can i efile 2012 taxes Filing Requirements The gross income, age, and filing status of a decedent generally determine whether a return must be filed. Can i efile 2012 taxes Gross income is all income received by an individual from any source in the form of money, goods, property, and services that is not tax-exempt. Can i efile 2012 taxes It includes gross receipts from self-employment, but if the business involves manufacturing, merchandising, or mining, subtract any cost of goods sold. Can i efile 2012 taxes In general, filing status depends on whether the decedent was considered single or married at the time of death. Can i efile 2012 taxes See the income tax return instructions or Publication 501, Exemptions, Standard Deduction, and Filing Information. Can i efile 2012 taxes Refund A return must be filed to obtain a refund if tax was withheld from salaries, wages, pensions, or annuities, or if estimated tax was paid, even if a return is not otherwise required to be filed. Can i efile 2012 taxes Also, the decedent may be entitled to other credits that result in a refund. Can i efile 2012 taxes These advance payments of tax and credits are discussed later under Credits, Other Taxes, and Payments. Can i efile 2012 taxes Form 1310, Statement of Person Claiming Refund Due a Deceased Taxpayer. Can i efile 2012 taxes   Form 1310 does not have to be filed if you are claiming a refund and you are: A surviving spouse filing an original or amended joint return with the decedent, or A court-appointed or certified personal representative filing the decedent’s original return and a copy of the court certificate showing your appointment is attached to the return. Can i efile 2012 taxes   If the personal representative is filing a claim for refund on Form 1040X, Amended U. Can i efile 2012 taxes S. Can i efile 2012 taxes Individual Income Tax Return, or Form 843, Claim for Refund and Request for Abatement, and the court certificate has already been filed with the IRS, attach Form 1310 and write “Certificate Previously Filed” at the bottom of the form. Can i efile 2012 taxes Example. Can i efile 2012 taxes Edward Green died before filing his tax return. Can i efile 2012 taxes You were appointed the personal representative for Edward's estate, and you file his Form 1040 showing a refund due. Can i efile 2012 taxes You do not need Form 1310 to claim the refund if you attach a copy of the court certificate showing you were appointed the personal representative. Can i efile 2012 taxes    If you are a surviving spouse and you receive a tax refund check in both your name and your deceased spouse's name, you can have the check reissued in your name alone. Can i efile 2012 taxes Return the joint-name check marked “VOID” to your local IRS office or the service center where you mailed your return, along with a written request for reissuance of the refund check. Can i efile 2012 taxes A new check will be issued in your name and mailed to you. Can i efile 2012 taxes Death certificate. Can i efile 2012 taxes   When filing the decedent's final income tax return, do not attach the death certificate or other proof of death to the final return. Can i efile 2012 taxes Instead, keep it for your records and provide it if requested. Can i efile 2012 taxes Nonresident Alien If the decedent was a nonresident alien who would have had to file Form 1040NR, U. Can i efile 2012 taxes S. Can i efile 2012 taxes Nonresident Alien Income Tax Return, you must file that form for the decedent's final tax year. Can i efile 2012 taxes See the Instructions for Form 1040NR for the filing requirements, due date, and where to file. Can i efile 2012 taxes Joint Return Generally, the personal representative and the surviving spouse can file a joint return for the decedent and the surviving spouse. Can i efile 2012 taxes However, the surviving spouse alone can file the joint return if no personal representative has been appointed before the due date for filing the final joint return for the year of death. Can i efile 2012 taxes This also applies to the return for the preceding year if the decedent died after the close of the preceding tax year and before filing the return for that year. Can i efile 2012 taxes The income of the decedent that was includible on his or her return for the year up to the date of death (see Income To Include, later) and the income of the surviving spouse for the entire year must be included in the final joint return. Can i efile 2012 taxes A final joint return with the decedent cannot be filed if the surviving spouse remarried before the end of the year of the decedent's death. Can i efile 2012 taxes The filing status of the decedent in this instance is married filing a separate return. Can i efile 2012 taxes For information about tax benefits to which a surviving spouse may be entitled, see Tax Benefits for Survivors, later, under Other Tax Information. Can i efile 2012 taxes Personal representative may revoke joint return election. Can i efile 2012 taxes   A court-appointed personal representative may revoke an election to file a joint return previously made by the surviving spouse alone. Can i efile 2012 taxes This is done by filing a separate return for the decedent within one year from the due date of the return (including any extensions). Can i efile 2012 taxes The joint return made by the surviving spouse will then be regarded as the separate return of that spouse by excluding the decedent's items and refiguring the tax liability. Can i efile 2012 taxes Relief from joint liability. Can i efile 2012 taxes   In some cases, one spouse may be relieved of joint liability for tax, interest, and penalties on a joint return for items of the other spouse that were incorrectly reported on the joint return. Can i efile 2012 taxes If the decedent qualified for this relief while alive, the personal representative can pursue an existing request, or file a request, for relief from joint liability. Can i efile 2012 taxes For information on requesting this relief, see Publication 971, Innocent Spouse Relief. Can i efile 2012 taxes Income To Include 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. Can i efile 2012 taxes The method of accounting regularly used by the decedent before death also determines the income includible on the final return. Can i efile 2012 taxes This section explains how some types of income are reported on the final return. Can i efile 2012 taxes For more information about accounting methods, see Publication 538, Accounting Periods and Methods. Can i efile 2012 taxes Cash Method If the decedent accounted for income under the cash method, only those items actually or constructively received before death are included on the final return. Can i efile 2012 taxes Constructive receipt of income. Can i efile 2012 taxes   Interest from coupons on the decedent's bonds is constructively received by the decedent if the coupons matured in the decedent's final tax year, but had not been cashed. Can i efile 2012 taxes Include the interest income on the final return. Can i efile 2012 taxes   Generally, a dividend is considered constructively received if it was available for use by the decedent without restriction. Can i efile 2012 taxes If the corporation customarily mailed its dividend checks, the dividend was includible when received. Can i efile 2012 taxes If the individual died between the time the dividend was declared and the time it was received in the mail, the decedent did not constructively receive it before death. Can i efile 2012 taxes Do not include the dividend in the final return. Can i efile 2012 taxes Accrual Method Generally, under an accrual method of accounting, income is reported when earned. Can i efile 2012 taxes If the decedent used an accrual method, only the income items normally accrued before death are included on the final return. Can i efile 2012 taxes Interest and Dividend Income (Forms 1099) Form(s) 1099 reporting interest and dividends earned by the decedent before death should be received and the amounts included on the decedent's final return. Can i efile 2012 taxes A separate Form 1099 should show the interest and dividends earned after the date of the decedent's death and paid to the estate or other recipient that must include those amounts on its return. Can i efile 2012 taxes You can request corrected Forms 1099 if these forms do not properly reflect the right recipient or amounts. Can i efile 2012 taxes For example, a Form 1099-INT, reporting interest payable to the decedent, may include income that should be reported on the final income tax return of the decedent, as well as income that the estate or other recipient should report, either as income earned after death or as income in respect of the decedent (discussed later). Can i efile 2012 taxes For income earned after death, you should ask the payer for a Form 1099 that properly identifies the recipient (by name and identification number) and the proper amount. Can i efile 2012 taxes If that is not possible, or if the form includes an amount that represents income in respect of the decedent, report the interest as shown next under How to report. Can i efile 2012 taxes See U. Can i efile 2012 taxes S. Can i efile 2012 taxes savings bonds acquired from decedent under Income in Respect of a Decedent, later, for information on savings bond interest that may have to be reported on the final return. Can i efile 2012 taxes How to report. Can i efile 2012 taxes   If you are preparing the decedent's final return and you have received a Form 1099-INT for the decedent that includes amounts belonging to the decedent and to another recipient (the decedent's estate or another beneficiary), report the total interest shown on Form 1099-INT on Schedule B (Form 1040A or 1040), Interest and Ordinary Dividends. Can i efile 2012 taxes Next, enter a subtotal of the interest shown on Forms 1099, and the interest reportable from other sources for which you did not receive Forms 1099. Can i efile 2012 taxes Then, show any interest (including any interest you receive as a nominee) belonging to another recipient separately and subtract it from the subtotal. Can i efile 2012 taxes Identify the amount of this adjustment as “Nominee Distribution” or other appropriate designation. Can i efile 2012 taxes   Report dividend income for which you received a Form 1099-DIV, Dividends and Distributions, on the appropriate schedule using the same procedure. Can i efile 2012 taxes    Note. Can i efile 2012 taxes If the decedent received amounts as a nominee, you must give the actual owner a Form 1099, unless the owner is the decedent's spouse. Can i efile 2012 taxes See General Instructions for Certain Information Returns (Forms 1097, 1098, 1099, 3921, 3922, 5498, and W-2G) for more information on filing Forms 1099. Can i efile 2012 taxes Partnership Income The death of a partner closes the partnership's tax year for that partner. Can i efile 2012 taxes Generally, it does not close the partnership's tax year for the remaining partners. Can i efile 2012 taxes The decedent's distributive share of partnership items must be figured as if the partnership's tax year ended on the date the partner died. Can i efile 2012 taxes To avoid an interim closing of the partnership books, the partners can agree to estimate the decedent's distributive share by prorating the amounts the partner would have included for the entire partnership tax year. Can i efile 2012 taxes On the decedent's final return, include the decedent's distributive share of partnership items for the following periods. Can i efile 2012 taxes The partnership's tax year that ended within or with the decedent's final tax year (the year ending on the date of death). Can i efile 2012 taxes The period, if any, from the end of the partnership's tax year in (1) to the decedent's date of death. Can i efile 2012 taxes Example. Can i efile 2012 taxes Mary Smith was a partner in XYZ partnership and reported her income on a tax year ending December 31. Can i efile 2012 taxes The partnership uses a tax year ending June 30. Can i efile 2012 taxes Mary died August 31, 2013, and her estate established its tax year through August 31. Can i efile 2012 taxes The distributive share of partnership items based on the decedent's partnership interest is reported as follows. Can i efile 2012 taxes Final Return for the Decedent—January 1 through August 31, 2013, includes XYZ partnership items from (a) the partnership tax year ending June 30, 2013, and (b) the partnership tax year beginning July 1, 2013, and ending August 31, 2013 (the date of death). Can i efile 2012 taxes Income Tax Return of the Estate—September 1, 2013, through August 31, 2014, includes XYZ partnership items for the period September 1, 2013, through June 30, 2014. Can i efile 2012 taxes S Corporation Income If the decedent was a shareholder in an S corporation, include on the final return the decedent's share of the S corporation's items of income, loss, deduction, and credit for the following periods. Can i efile 2012 taxes The corporation's tax year that ended within or with the decedent's final tax year (the year ending on the date of death). Can i efile 2012 taxes The period, if any, from the end of the corporation's tax year in (1) to the decedent's date of death. Can i efile 2012 taxes Self-Employment Income Include self-employment income actually or constructively received or accrued, depending on the decedent's accounting method. Can i efile 2012 taxes For self-employment tax purposes only, the decedent's self-employment income will include the decedent's distributive share of a partnership's income or loss through the end of the month in which death occurred. Can i efile 2012 taxes For this purpose, the partnership's income or loss is considered to be earned ratably over the partnership's tax year. Can i efile 2012 taxes Community Income If the decedent was married and domiciled in a community property state, half of the income received and half of the expenses paid during the decedent's tax year by either the decedent or spouse may be considered to be the income and expenses of the other. Can i efile 2012 taxes For more information, see Publication 555, Community Property. Can i efile 2012 taxes HSA, Archer MSA, or Medicare Advantage MSA The treatment of an HSA (health savings account), an Archer MSA (medical savings account), or a Medicare Advantage MSA at the death of the account holder, depends on who acquires the interest in the account. Can i efile 2012 taxes If the decedent's estate acquires the interest, the fair market value (FMV) of the assets in the account on the date of death is included in income on the decedent's final return. Can i efile 2012 taxes The estate tax deduction, discussed later, does not apply to this amount. Can i efile 2012 taxes If a beneficiary acquires the interest, see the discussion under Income in Respect of a Decedent, later. Can i efile 2012 taxes For other information on HSAs, Archer MSAs, or Medicare Advantage MSAs, see Publication 969, Health Savings Accounts and Other Tax-Favored Health Plans. Can i efile 2012 taxes Coverdell Education Savings Account (ESA) Generally, the balance in a Coverdell ESA must be distributed within 30 days after the individual for whom the account was established reaches age 30, or dies, whichever is earlier. Can i efile 2012 taxes The treatment of the Coverdell ESA at the death of an individual under age 30 depends on who acquires the interest in the account. Can i efile 2012 taxes If the decedent's estate acquires the interest, the earnings on the account must be included on the final income tax return of the decedent. Can i efile 2012 taxes The estate tax deduction, discussed later, does not apply to this amount. Can i efile 2012 taxes If a beneficiary acquires the interest, see the discussion under Income in Respect of a Decedent, later. Can i efile 2012 taxes The age 30 limitation does not apply if the individual for whom the account was established or the beneficiary that acquires the account is an individual with special needs. Can i efile 2012 taxes This includes an individual who, because of a physical, mental, or emotional condition (including a learning disability), requires additional time to complete his or her education. Can i efile 2012 taxes For more information on Coverdell ESAs, see Publication 970, Tax Benefits for Education. Can i efile 2012 taxes Accelerated Death Benefits Accelerated death benefits are amounts received under a life insurance contract before the death of the insured individual. Can i efile 2012 taxes These benefits also include amounts received on the sale or assignment of the contract to a viatical settlement provider. Can i efile 2012 taxes Generally, if the decedent received accelerated death benefits on the life of a terminally or chronically ill individual, whether on his or her own life or on the life of another person, those benefits are not included in the decedent's income. Can i efile 2012 taxes For more information, see the discussion under Gifts, Insurance, and Inheritances under Other Tax Information, later. Can i efile 2012 taxes Exemptions and Deductions Generally, the rules for exemptions and deductions allowed to an individual also apply to the decedent's final income tax return. Can i efile 2012 taxes Show on the final return deductible items the decedent paid (or accrued, if the decedent reported deductions on an accrual method) before death. Can i efile 2012 taxes This section contains a detailed discussion of medical expenses because the tax treatment of the decedent's medical expenses can be different. Can i efile 2012 taxes See Medical Expenses, later. Can i efile 2012 taxes Exemptions You can claim the decedent's personal exemption on the final income tax return. Can i efile 2012 taxes If the decedent was another person's dependent (for example, a parent's), you cannot claim the personal exemption on the decedent's final return. Can i efile 2012 taxes Standard Deduction If you do not itemize deductions on the final return, the full amount of the appropriate standard deduction is allowed regardless of the date of death. Can i efile 2012 taxes For information on the appropriate standard deduction, see the Form 1040 income tax return instructions or Publication 501. Can i efile 2012 taxes Medical Expenses Medical expenses paid before death by the decedent are deductible, subject to limits, on the final income tax return if deductions are itemized. Can i efile 2012 taxes This includes expenses for the decedent, as well as for the decedent's spouse and dependents. Can i efile 2012 taxes Beginning in 2013, medical expenses exceeding 10% of adjusted gross income (AGI) may be deducted, unless the decedent or their spouse is age 65 or older. Can i efile 2012 taxes In that case medical expenses exceeding 7. Can i efile 2012 taxes 5% of AGI may be deducted. Can i efile 2012 taxes Qualified medical expenses are not deductible if paid with a tax-free distribution from an HSA or an Archer MSA. Can i efile 2012 taxes Election for decedent's expenses. Can i efile 2012 taxes   Medical expenses not paid before death are liabilities of the estate and are shown on the federal estate tax return (Form 706). Can i efile 2012 taxes However, if medical expenses for the decedent are paid out of the estate during the 1-year period beginning with the day after death, you can elect to treat all or part of the expenses as paid by the decedent at the time they were incurred. Can i efile 2012 taxes   If you make the election, you can claim all or part of the expenses on the decedent's income tax return (if deductions are itemized) rather than on the federal estate tax return (Form 706). Can i efile 2012 taxes You can deduct expenses incurred in the year of death on the final income tax return. Can i efile 2012 taxes You should file an amended return (Form 1040X) for medical expenses incurred in an earlier year, unless the statutory period for filing a claim for that year has expired. Can i efile 2012 taxes   The amount you can deduct on the income tax return is the amount above 10% of adjusted gross income (or 7. Can i efile 2012 taxes 5% of adjusted gross income if the decedent or the decedent's spouse was born before January 2, 1949). Can i efile 2012 taxes Amounts not deductible because of this percentage cannot be claimed on the federal estate tax return. Can i efile 2012 taxes Making the election. Can i efile 2012 taxes   You make the election by attaching a statement, in duplicate, to the decedent's income tax return or amended return. Can i efile 2012 taxes The statement must state that you have not claimed the amount as an estate tax deduction, and that the estate waives the right to claim the amount as a deduction. Can i efile 2012 taxes This election applies only to expenses incurred for the decedent, not to expenses incurred to provide medical care for dependents. Can i efile 2012 taxes Example. Can i efile 2012 taxes Richard Brown used the cash method of accounting and filed his income tax return on a calendar year basis. Can i efile 2012 taxes Richard died on June 1, 2013, at the age of 78, after incurring $800 in medical expenses. Can i efile 2012 taxes Of that amount, $500 was incurred in 2012 and $300 was incurred in 2013. Can i efile 2012 taxes Richard itemized his deductions when he filed his 2012 income tax return. Can i efile 2012 taxes The personal representative of the estate paid the entire $800 liability in August 2013. Can i efile 2012 taxes The personal representative may file an amended return (Form 1040X) for 2012 claiming the $500 medical expense as a deduction, subject to the 7. Can i efile 2012 taxes 5% limit. Can i efile 2012 taxes The $300 of expenses incurred in 2013 can be deducted on the final income tax return if deductions are itemized, subject to the 7. Can i efile 2012 taxes 5% limit. Can i efile 2012 taxes The personal representative must file a statement in duplicate with each return stating that these amounts have not been claimed on the federal estate tax return (Form 706), and waiving the right to claim such a deduction on Form 706 in the future. Can i efile 2012 taxes Medical expenses not paid by estate. Can i efile 2012 taxes   If you paid medical expenses for your deceased spouse or dependent, claim the expenses on your tax return for the year in which you paid them, whether they are paid before or after the decedent's death. Can i efile 2012 taxes If the decedent was a child of divorced or separated parents, the medical expenses can usually be claimed by both the custodial and noncustodial parent to the extent paid by that parent during the year. Can i efile 2012 taxes Insurance reimbursements. Can i efile 2012 taxes   Insurance reimbursements of previously deducted medical expenses due a decedent at the time of death and later received by the decedent's estate are includible in the income tax return of the estate (Form 1041) for the year the reimbursements are received. Can i efile 2012 taxes The reimbursements are also includible in the decedent's gross estate. Can i efile 2012 taxes No deduction for funeral expenses can be taken on the final Form 1040 of a decedent. Can i efile 2012 taxes These expenses may be deductible for estate tax purposes on Form 706. Can i efile 2012 taxes Deduction for Losses A decedent's net operating loss deduction from a prior year and any capital losses (including capital loss carryovers) can be deducted only on the decedent's final income tax return. Can i efile 2012 taxes A net operating loss on the decedent's final income tax return can be carried back to prior years. Can i efile 2012 taxes (See Publication 536, Net Operating Losses (NOLs) for Individuals, Estates, and Trusts. Can i efile 2012 taxes ) You cannot deduct any unused net operating loss or capital loss on the estate's income tax return. Can i efile 2012 taxes At-risk loss limits. Can i efile 2012 taxes   Special at-risk rules apply to most activities that are engaged in as a trade or business or for the production of income. Can i efile 2012 taxes   These rules limit the deductible loss to the amount which the individual was considered at-risk in the activity. Can i efile 2012 taxes An individual generally will be considered at-risk to the extent of the money and the adjusted basis of property that he or she contributed to the activity and certain amounts the individual borrowed for use in the activity. Can i efile 2012 taxes An individual will be considered at-risk for amounts borrowed only if he or she was personally liable for the repayment or if the amounts borrowed were secured by property other than that used in the activity. Can i efile 2012 taxes The individual is not considered at-risk for borrowed amounts if the lender has an interest in the activity or if the lender is related to a person who has an interest in the activity. Can i efile 2012 taxes For more information, see Publication 925, Passive Activity and At-Risk Rules. Can i efile 2012 taxes Passive activity rules. Can i efile 2012 taxes   A passive activity is any trade or business activity in which the taxpayer does not materially participate. Can i efile 2012 taxes To determine material participation, see Publication 925. Can i efile 2012 taxes Rental activities are passive activities regardless of the taxpayer's participation, unless the taxpayer meets certain eligibility requirements. Can i efile 2012 taxes   Individuals, estates, and trusts can offset passive activity losses only against passive activity income. Can i efile 2012 taxes Passive activity losses or credits not allowed in one tax year can be carried forward to the next year. Can i efile 2012 taxes   If a passive activity interest is transferred because a taxpayer dies, the accumulated unused passive activity losses are allowed as a deduction against the decedent's income in the year of death. Can i efile 2012 taxes Losses are allowed only to the extent they are greater than the excess of the transferee's (recipient of the interest transferred) basis in the property over the decedent's adjusted basis in the property immediately before death. Can i efile 2012 taxes The part of the accumulated losses equal to the excess is not allowed as a deduction for any tax year. Can i efile 2012 taxes   Use Form 8582, Passive Activity Loss Limitations, to summarize losses and income from passive activities and to figure the amounts allowed. Can i efile 2012 taxes For more information, see Publication 925. Can i efile 2012 taxes Credits, Other Taxes, and Payments Discussed below are some of the tax credits, types of taxes that may be owed, income tax withheld, and estimated tax payments reported on the final return of a decedent. Can i efile 2012 taxes Credits On the final income tax return, you can claim any tax credits that applied to the decedent before death. Can i efile 2012 taxes Some of these credits are discussed next. Can i efile 2012 taxes Earned income credit. Can i efile 2012 taxes   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. Can i efile 2012 taxes If the allowable credit is more than the tax liability for the year, the excess is refunded. Can i efile 2012 taxes   For more information, see Publication 596, Earned Income Credit (EIC). Can i efile 2012 taxes Credit for the elderly or the disabled. Can i efile 2012 taxes   This credit is allowable on a decedent's final income tax return if the decedent met both of the following requirements in the year of death. Can i efile 2012 taxes The decedent: Was a “qualified individual,” and Had income (adjusted gross income (AGI) and nontaxable social security and pensions) less than certain limits. Can i efile 2012 taxes   For details on qualifying for or figuring the credit, see Publication 524, Credit for the Elderly or the Disabled. Can i efile 2012 taxes Child tax credit. Can i efile 2012 taxes   If the decedent had a qualifying child, you may be able to claim the child tax credit on the decedent's final return even though the return covers less than 12 months. Can i efile 2012 taxes You may be able to claim the additional child tax credit and get a refund if the credit is more than the decedent's liability. Can i efile 2012 taxes For more information, see the Instructions for Form 1040. Can i efile 2012 taxes Adoption credit. Can i efile 2012 taxes   Depending upon when the adoption was finalized, this credit may be taken on a decedent's final income tax return if the decedent: Adopted an eligible child and paid qualified adoption expenses, or Has a carryforward of an adoption credit from a prior year. Can i efile 2012 taxes   Also, if the decedent is survived by a spouse who meets the filing status of qualifying widow(er), unused adoption credit may be carried forward and used following the death of the decedent. Can i efile 2012 taxes See Form 8839, Qualified Adoption Expenses, and its instructions for more details. Can i efile 2012 taxes General business tax credit. Can i efile 2012 taxes   The general business credit available to a taxpayer is limited. Can i efile 2012 taxes Any credit arising in a tax year beginning before 1998 that has not been used up can be carried forward for up to 15 years. Can i efile 2012 taxes Any unused credit arising in a tax year beginning after 1997 has a 1-year carryback and a 20-year carryforward period. Can i efile 2012 taxes   After the carryforward period, a deduction may be allowed for any unused business credit. Can i efile 2012 taxes If the taxpayer dies before the end of the carryforward period, the deduction generally is allowed in the year of death. Can i efile 2012 taxes   For more information on the general business credit, see Publication 334, Tax Guide for Small Business. Can i efile 2012 taxes Other Taxes Taxes other than income tax that may be owed on the final return of a decedent include self-employment tax and alternative minimum tax, which are reported on Form 1040. Can i efile 2012 taxes Self-employment tax. Can i efile 2012 taxes   Self-employment tax may be owed on the final return if either of the following applied to the decedent in the year of death: Net earnings from self-employment (excluding income described in (2)) were $400 or more; or Wages from services performed as a church employee were $108. Can i efile 2012 taxes 28 or more. Can i efile 2012 taxes Alternative minimum tax (AMT). Can i efile 2012 taxes   The tax laws give special treatment to certain types of income and allow special deductions and credits for certain types of expenses. Can i efile 2012 taxes The alternative minimum tax (AMT) was enacted so taxpayers who benefit from these laws still pay at least a minimum amount of tax. Can i efile 2012 taxes In general, the AMT is the excess of the tentative minimum tax over the regular tax shown on the return. Can i efile 2012 taxes Form 6251. Can i efile 2012 taxes    Use Form 6251, Alternative Minimum Tax—Individuals, to determine if this tax applies to the decedent. Can i efile 2012 taxes See the form instructions for information on when you must attach Form 6251 to Form 1040. Can i efile 2012 taxes Form 8801. Can i efile 2012 taxes   If the decedent paid AMT in a previous year or had a credit carryforward, the decedent may be eligible for a minimum tax credit. Can i efile 2012 taxes See Form 8801, Credit for Prior Year Minimum Tax—Individuals, Estates, and Trusts. Can i efile 2012 taxes Payments of Tax The income tax withheld from the decedent's salary, wages, pensions, or annuities, and the amount paid as estimated tax are credits (advance payments of tax) that must be claimed on the final return. Can i efile 2012 taxes Tax Forgiveness for Armed Forces Members, Victims of Terrorism, and Astronauts Income tax liability may be forgiven for a decedent who dies due to service in a combat zone, due to military or terrorist actions, as a result of a terrorist attack, or while serving in the line of duty as an astronaut. Can i efile 2012 taxes Combat Zone If a member of the Armed Forces of the United States dies while in active service in a combat zone or from wounds, disease, or injury incurred in a combat zone, the decedent's income tax liability is abated (forgiven) for the entire year in which death occurred and for any prior tax year ending on or after the first day the person served in a combat zone in active service. Can i efile 2012 taxes For this purpose, a qualified hazardous duty area is treated as a combat zone. Can i efile 2012 taxes If the tax (including interest, additions to the tax, and additional amounts) for these years has been assessed, the assessment will be forgiven. Can i efile 2012 taxes If the tax has been collected (regardless of the date of collection), that tax will be credited or refunded. Can i efile 2012 taxes Any of the decedent's income tax for tax years before those mentioned above that remains unpaid as of the actual (or presumptive) date of death will not be assessed. Can i efile 2012 taxes If any unpaid tax (including interest, additions to the tax, and additional amounts) has been assessed, this assessment will be forgiven. Can i efile 2012 taxes Also, if any tax was collected after the date of death, that amount will be credited or refunded. Can i efile 2012 taxes The date of death of a member of the Armed Forces reported as missing in action or as a prisoner of war is the date his or her name is removed from missing status for military pay purposes. Can i efile 2012 taxes This is true even if death actually occurred earlier. Can i efile 2012 taxes For other tax information for members of the Armed Forces, see Publication 3, Armed Forces' Tax Guide. Can i efile 2012 taxes Military or Terrorist Actions The decedent's income tax liability is forgiven if, at death, he or she was a military or civilian employee of the United States who died because of wounds or injury incurred: While a U. Can i efile 2012 taxes S. Can i efile 2012 taxes employee, and In a military or terrorist action. Can i efile 2012 taxes The forgiveness applies to the tax year in which death occurred and for any earlier tax year, beginning with the year before the year in which the wounds or injury occurred. Can i efile 2012 taxes Example. Can i efile 2012 taxes The income tax liability of a civilian employee of the United States who died in 2013 because of wounds incurred while a U. Can i efile 2012 taxes S. Can i efile 2012 taxes employee in a terrorist attack that occurred in 2008 will be forgiven for 2013 and for all prior tax years in the period 2007 through 2012. Can i efile 2012 taxes Refunds are allowed for the tax years for which the period for filing a claim for refund has not ended, as discussed later. Can i efile 2012 taxes Military or terrorist action defined. Can i efile 2012 taxes   A military or terrorist action means the following. Can i efile 2012 taxes Any terrorist activity that most of the evidence indicates was directed against the United States or any of its allies. Can i efile 2012 taxes Any military action involving the U. Can i efile 2012 taxes S. Can i efile 2012 taxes Armed Forces and resulting from violence or aggression against the United States or any of its allies, or the threat of such violence or aggression. Can i efile 2012 taxes   Terrorist activity includes criminal offenses intended to coerce, intimidate, or retaliate against the government or civilian population. Can i efile 2012 taxes Military action does not include training exercises. Can i efile 2012 taxes Any multinational force in which the United States is participating is treated as an ally of the United States. Can i efile 2012 taxes Determining if a terrorist activity or military action has occurred. Can i efile 2012 taxes   You may rely on published guidance from the IRS to determine if a particular event is considered a terrorist activity or military action. Can i efile 2012 taxes Specified Terrorist Victim The Victims of Terrorism Tax Relief Act of 2001 (the Act) provides tax relief for those injured or killed as a result of terrorist attacks, certain survivors of those killed as a result of terrorist attacks, and others who were affected by terrorist attacks. Can i efile 2012 taxes Under the Act, the federal income tax liability of those killed in the following attacks (specified terrorist victim) is forgiven for certain tax years. Can i efile 2012 taxes The April 19, 1995, terrorist attack on the Alfred P. Can i efile 2012 taxes Murrah Federal Building (Oklahoma City). Can i efile 2012 taxes The September 11, 2001, terrorist attacks. Can i efile 2012 taxes The terrorist attacks involving anthrax occurring after September 10, 2001, and before January 1, 2002. Can i efile 2012 taxes The Act also exempts from federal income tax the following types of income. Can i efile 2012 taxes Qualified disaster relief payments made after September 10, 2001, to cover personal, family, living, or funeral expenses incurred because of a terrorist attack. Can i efile 2012 taxes Certain disability payments received in tax years ending after September 10, 2001, for injuries sustained in a terrorist attack. Can i efile 2012 taxes Certain death benefits paid by an employer to the survivor of an employee because the employee died as a result of a terrorist attack. Can i efile 2012 taxes Payments from the September 11th Victim Compensation Fund 2001. Can i efile 2012 taxes The Act also reduces the estate tax of individuals who die as a result of a terrorist attack. Can i efile 2012 taxes See Publication 3920, Tax Relief for Victims of Terrorist Attacks, for more information. Can i efile 2012 taxes Astronauts Legislation extended the tax relief available under the Victims of Terrorism Tax Relief Act of 2001 (the Act) to astronauts who died in the line of duty after December 31, 2002. Can i efile 2012 taxes The decedent's income tax liability is forgiven for the tax year in which death occurs, and for the tax year prior to death. Can i efile 2012 taxes For information on death benefit payments and the reduction of federal estate taxes, see Publication 3920. Can i efile 2012 taxes However, the discussions in that publication under Death Benefits and Estate Tax Reduction should be modified for astronauts (for example, by using the date of death of the astronaut instead of September 11, 2001). Can i efile 2012 taxes For more information on the Act, see Publication 3920. Can i efile 2012 taxes Claim for Credit or Refund If any of these tax-forgiveness situations applies to a prior year tax, any tax paid for which the period for filing a claim has not ended will be credited or refunded. Can i efile 2012 taxes If any tax is still due, it will be canceled. Can i efile 2012 taxes The normal period for filing a claim for credit or refund is 3 years after the return was filed or 2 years after the tax was paid, whichever is later. Can i efile 2012 taxes If death occurred in a combat zone or from wounds, disease, or injury incurred in a combat zone, the period for filing the claim is extended by: The amount of time served in the combat zone (including any period in which the individual was in missing status), plus The period of continuous qualified hospitalization for injury from service in the combat zone, if any, plus The next 180 days. Can i efile 2012 taxes Qualified hospitalization means any hospitalization outside the United States and any hospitalization in the United States of not more than 5 years. Can i efile 2012 taxes This extended period for filing the claim also applies to a member of the Armed Forces who was deployed outside the United States in a designated contingency operation. Can i efile 2012 taxes Filing a claim. Can i efile 2012 taxes   Use the following procedures to file a claim. Can i efile 2012 taxes If a U. Can i efile 2012 taxes S. Can i efile 2012 taxes individual income tax return (Form 1040, 1040A, or 1040EZ) has not been filed, you should make a claim for refund of any withheld income tax or estimated tax payments by filing Form 1040. Can i efile 2012 taxes Form W-2, Wage and Tax Statement, must accompany all returns. Can i efile 2012 taxes If a U. Can i efile 2012 taxes S. Can i efile 2012 taxes individual income tax return has been filed, you should make a claim for refund by filing Form 1040X. Can i efile 2012 taxes You must file a separate Form 1040X for each year in question. Can i efile 2012 taxes   You must file these returns and claims at the following address for regular mail (U. Can i efile 2012 taxes S. Can i efile 2012 taxes Postal Service). Can i efile 2012 taxes    Internal Revenue Service 333 W. Can i efile 2012 taxes Pershing, P5–6503 Kansas City, MO 64108   Identify all returns and claims for refund by writing “Iraq—KIA,” “Enduring Freedom—KIA,” “Kosovo Operation—KIA,” “Desert Storm—KIA,” or “Former Yugoslavia—KIA” in bold letters on the top of page 1 of the return or claim. Can i efile 2012 taxes On the applicable return, write the same phrase on the line for total tax. Can i efile 2012 taxes If the individual was killed in a terrorist or military action, put “KITA” on the front of the return and on the line for total tax. Can i efile 2012 taxes   Include an attachment showing the computation of the decedent's tax liability and a computation of the amount to be forgiven. Can i efile 2012 taxes On joint returns, make an allocation of the tax as described below under Joint returns. Can i efile 2012 taxes If you cannot make a proper allocation, attach a statement of all income and deductions allocable to each spouse and the IRS will make the proper allocation. Can i efile 2012 taxes   You must attach Form 1310 to all returns and claims for refund. Can i efile 2012 taxes However, for exceptions to filing Form 1310, see Form 1310. Can i efile 2012 taxes Statement of Person Claiming Refund Due a Deceased Taxpayer, under Refund, earlier. Can i efile 2012 taxes   You must also attach proof of death that includes a statement that the individual was a U. Can i efile 2012 taxes S. Can i efile 2012 taxes employee on the date of injury and on the date of death and died as the result of a military or terrorist action. Can i efile 2012 taxes For military and civilian employees of the Department of Defense, attach DD Form 1300, Report of Casualty. Can i efile 2012 taxes For other U. Can i efile 2012 taxes S. Can i efile 2012 taxes civilian employees killed in the United States, attach a death certificate and a certification (letter) from the federal employer. Can i efile 2012 taxes For other U. Can i efile 2012 taxes S. Can i efile 2012 taxes civilian employees killed overseas, attach a certification from the Department of State. Can i efile 2012 taxes   If you do not have enough tax information to file a timely claim for refund, you can suspend the period for filing a claim by filing Form 1040X. Can i efile 2012 taxes Attach Form 1310, any required documentation currently available, and a statement that you will file an amended claim as soon as you have the required tax information. Can i efile 2012 taxes Joint returns. Can i efile 2012 taxes   If a joint return was filed, only the decedent's part of the income tax liability is eligible for forgiveness. Can i efile 2012 taxes Determine the decedent's tax liability as follows. Can i efile 2012 taxes Figure the income tax for which the decedent would have been liable if a separate return had been filed. Can i efile 2012 taxes Figure the income tax for which the spouse would have been liable if a separate return had been filed. Can i efile 2012 taxes Multiply the joint tax liability by a fraction. Can i efile 2012 taxes The numerator of the fraction is the amount in (1), above. Can i efile 2012 taxes The denominator of the fraction is the total of (1) and (2). Can i efile 2012 taxes   The resulting amount from (3) above is the decedent's tax liability eligible for forgiveness. Can i efile 2012 taxes Filing Reminders To minimize the time needed to process the decedent's final return and issue any refund, be sure to follow these procedures. Can i efile 2012 taxes Write “DECEASED,” the decedent's name, and the date of death across the top of the tax return. Can i efile 2012 taxes If a personal representative has been appointed, the personal representative must sign the return. Can i efile 2012 taxes If it is a joint return, the surviving spouse must also sign it. Can i efile 2012 taxes If you are the decedent's spouse filing a joint return with the decedent and no personal representative has been appointed, write “Filing as surviving spouse” in the area where you sign the return. Can i efile 2012 taxes 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. Can i efile 2012 taxes ” To claim a refund for the decedent, do the following. Can i efile 2012 taxes If you are the decedent's spouse filing a joint return with the decedent, file only the tax return to claim the refund. Can i efile 2012 taxes If you are the personal representative and the return is not a joint return filed with the decedent's surviving spouse, file the return and attach a copy of the certificate that shows your appointment by the court. Can i efile 2012 taxes (A power of attorney or a copy of the decedent's will is not acceptable evidence of your appointment as the personal representative. Can i efile 2012 taxes ) If you are filing an amended return, attach Form 1310 and a copy of the certificate of appointment (or, if you have already sent the certificate of appointment to IRS, write “Certificate Previously Filed” at the bottom of Form 1310). Can i efile 2012 taxes If you are not filing a joint return as the surviving spouse and a personal representative has not been appointed, file the return and attach Form 1310. Can i efile 2012 taxes Other Tax Information Discussed below is information about the effect of an individual's death on the income tax liability of the survivors (including widows and widowers), the beneficiaries, and the estate. Can i efile 2012 taxes Tax Benefits for Survivors Survivors can qualify for certain benefits when filing their own income tax returns. Can i efile 2012 taxes Joint return by surviving spouse. Can i efile 2012 taxes   A surviving spouse can file a joint return for the year of death and may qualify for special tax rates for the following 2 years, as explained under Qualifying widows and widowers, later. Can i efile 2012 taxes Decedent as your dependent. Can i efile 2012 taxes   If the decedent qualified as your dependent for a part of the year before death, you can claim the exemption for the dependent on your tax return, regardless of when death occurred during the year. Can i efile 2012 taxes   If the decedent was your qualifying child, you may be able to claim the child tax credit or the earned income credit. Can i efile 2012 taxes To determine if you qualify for the child tax credit, see the instructions for Form 1040, line 51; Form 1040A, line 33; or Form 1040NR, line 48. Can i efile 2012 taxes To determine if you qualify for the earned income credit, see the instructions for Form 1040, lines 64a and 64b or Form 1040A, lines 38a and 38b. Can i efile 2012 taxes Qualifying widows and widowers. Can i efile 2012 taxes   If your spouse died within the 2 tax years preceding the year for which your return is being filed, you may be eligible to claim the filing status of qualifying widow(er) with dependent child and qualify to use the married-filing-jointly tax rates. Can i efile 2012 taxes Requirements. Can i efile 2012 taxes   Generally, you qualify for this special benefit if you meet all of the following requirements. Can i efile 2012 taxes You were entitled to file a joint return with your spouse for the year of death—whether or not you actually filed jointly. Can i efile 2012 taxes You did not remarry before the end of the current tax year. Can i efile 2012 taxes You have a child, stepchild, or foster child who qualifies as your dependent for the tax year. Can i efile 2012 taxes You provide more than half the cost of maintaining your home, which is the principal residence of that child for the entire year except for temporary absences. Can i efile 2012 taxes Example. Can i efile 2012 taxes William Burns' wife died in 2010. Can i efile 2012 taxes William has not remarried and continued throughout 2011 and 2012 to maintain a home for himself and his dependent child. Can i efile 2012 taxes For 2010, he was entitled to file a joint return for himself and his deceased wife. Can i efile 2012 taxes For 2011 and 2012, he qualifies to file as a qualifying widower with dependent child. Can i efile 2012 taxes For later years, he may qualify to file as a head of household. Can i efile 2012 taxes Figuring your tax. Can i efile 2012 taxes   Check the box on line 5 (Form 1040 or 1040A) under Filing Status on your tax return. Can i efile 2012 taxes Use the Tax Rate Schedule or the column in the Tax Table for Married filing jointly, which gives you the split-income benefits. Can i efile 2012 taxes   The last year you can file jointly with, or claim an exemption for, your deceased spouse is the year of death. Can i efile 2012 taxes Joint return filing rules. Can i efile 2012 taxes   If you are the surviving spouse and a personal representative is handling the estate for the decedent, you should coordinate filing your return for the year of death with this personal representative. Can i efile 2012 taxes See Joint Return under Final Income Tax Return for Decedent—Form 1040, earlier. Can i efile 2012 taxes Income in Respect of a Decedent All income the decedent would have received had death not occurred that was not properly includible on the final return, discussed earlier, is income in respect of a decedent. Can i efile 2012 taxes If the decedent is a specified terrorist victim (see Specified Terrorist Victim, earlier), income received after the date of death and before the end of the decedent's tax year (determined without regard to death) is excluded from the recipient's gross income. Can i efile 2012 taxes This exclusion does not apply to certain income. Can i efile 2012 taxes For more information, see Publication 3920. Can i efile 2012 taxes How To Report Income in respect of a decedent must be included in the income of one of the following. Can i efile 2012 taxes The decedent's estate, if the estate receives it. Can i efile 2012 taxes The beneficiary, if the right to income is passed directly to the beneficiary and the beneficiary receives it. Can i efile 2012 taxes Any person to whom the estate properly distributes the right to receive it. Can i efile 2012 taxes If you have to include income in respect of a decedent in your gross income and an estate tax return (Form 706) was filed for the decedent, you may be able to claim a deduction for the estate tax paid on that income. Can i efile 2012 taxes See Estate Tax Deduction, later. Can i efile 2012 taxes Example 1. Can i efile 2012 taxes Frank Johnson owned and operated an apple orchard. Can i efile 2012 taxes He used the cash method of accounting. Can i efile 2012 taxes He sold and delivered 1,000 bushels of apples to a canning factory for $2,000, but did not receive payment before his death. Can i efile 2012 taxes The proceeds from the sale are income in respect of a decedent. Can i efile 2012 taxes When the estate was settled, payment had not been made and the estate transferred the right to the payment to his widow. Can i efile 2012 taxes When Frank's widow collects the $2,000, she must include that amount in her return. Can i efile 2012 taxes It is not reported on the final return of the decedent or on the return of the estate. Can i efile 2012 taxes Example 2. Can i efile 2012 taxes Assume the same facts as in Example 1, except that Frank used the accrual method of accounting. Can i efile 2012 taxes The amount accrued from the sale of the apples would be included on his final return. Can i efile 2012 taxes Neither the estate nor the widow would realize income in respect of a decedent when the money is later paid. Can i efile 2012 taxes Example 3. Can i efile 2012 taxes On February 1, George High, a cash method taxpayer, sold his tractor for $3,000, payable March 1 of the same year. Can i efile 2012 taxes His adjusted basis in the tractor was $2,000. Can i efile 2012 taxes George died on February 15, before receiving payment. Can i efile 2012 taxes The gain to be reported as income in respect of a decedent is the $1,000 difference between the decedent's basis in the property and the sale proceeds. Can i efile 2012 taxes In other words, the income in respect of a decedent is the gain the decedent would have realized had he lived. Can i efile 2012 taxes Example 4. Can i efile 2012 taxes Cathy O'Neil was entitled to a large salary payment at the date of her death. Can i efile 2012 taxes The amount was to be paid in five annual installments. Can i efile 2012 taxes The estate, after collecting two installments, distributed the right to the remaining installments to you, the beneficiary. Can i efile 2012 taxes The payments are income in respect of a decedent. Can i efile 2012 taxes None of the payments were includible on Cathy's final return. Can i efile 2012 taxes The estate must include in its income the two installments it received, and you must include in your income each of the three installments as you receive them. Can i efile 2012 taxes Example 5. Can i efile 2012 taxes You inherited the right to receive renewal commissions on life insurance sold by your father before his death. Can i efile 2012 taxes You inherited the right from your mother, who acquired it by bequest from your father. Can i efile 2012 taxes Your mother died before she received all the commissions she had the right to receive, so you received the rest. Can i efile 2012 taxes The commissions are income in respect of a decedent. Can i efile 2012 taxes None of these commissions were includible in your father's final return. Can i efile 2012 taxes The commissions received by your mother were included in her income. Can i efile 2012 taxes The commissions you received are not includible in your mother's income, even on her final return. Can i efile 2012 taxes You must include them in your income. Can i efile 2012 taxes Character of income. Can i efile 2012 taxes   The character of the income you receive in respect of a decedent remains the same as it would have been to the decedent if he or she were alive. Can i efile 2012 taxes If the income would have been a capital gain to the decedent, it will be a capital gain to you. Can i efile 2012 taxes Transfer of right to income. Can i efile 2012 taxes   If you transfer your right to income in respect of a decedent, you must include in your income the greater of: The amount you receive for the right, or The fair market value of the right you transfer. Can i efile 2012 taxes   If you make a gift of such a right, you must include in your income the fair market value of the right at the time of the gift. Can i efile 2012 taxes   If the right to income from an installment obligation is transferred, the amount you must include in income is reduced by the basis of the obligation. Can i efile 2012 taxes See Installment obligations, later. Can i efile 2012 taxes Transfer defined. Can i efile 2012 taxes   A transfer for this purpose includes a sale, exchange, or other disposition, the satisfaction of an installment obligation at other than face value, or the cancellation of an installment obligation. Can i efile 2012 taxes Installment obligations. Can i efile 2012 taxes   If the decedent sold property using the installment method and you are collecting payments on an installment obligation acquired from the decedent, use the same gross profit percentage the decedent used to figure the part of each payment that represents profit. Can i efile 2012 taxes Include in your income the same profit the decedent would have included had death not occurred. Can i efile 2012 taxes For more information, see Publication 537, Installment Sales. Can i efile 2012 taxes   If you dispose of an installment obligation acquired from a decedent (other than by transfer to the obligor), the rules explained in Publication 537 for figuring gain or loss on the disposition apply to you. Can i efile 2012 taxes Transfer to obligor. Can i efile 2012 taxes   A transfer of a right to income, discussed earlier, has occurred if the decedent (seller) sold property using the installment method and the installment obligation was transferred to the obligor (buyer or person legally obligated to pay the installments). Can i efile 2012 taxes A transfer also occurs if the obligation was canceled either at death or by the estate or person receiving the obligation from the decedent. Can i efile 2012 taxes An obligation that becomes unenforceable is treated as having been canceled. Can i efile 2012 taxes   If such a transfer occurs, the amount included in the income of the transferor (the estate or beneficiary) is the greater of the amount received or the fair market value of the installment obligation at the time of transfer, reduced by the basis of the obligation. Can i efile 2012 taxes The basis of the obligation is the decedent's basis, adjusted for all installment payments received after the decedent's death and before the transfer. Can i efile 2012 taxes   If the decedent and obligor were related persons, the fair market value of the obligation cannot be less than its face value. Can i efile 2012 taxes Specific Types of Income in Respect of a Decedent This section explains and provides examples of some specific types of income in respect of a decedent. Can i efile 2012 taxes Wages. Can i efile 2012 taxes   The entire amount of wages or other employee compensation earned by the decedent but unpaid at the time of death is income in respect of a decedent. Can i efile 2012 taxes The income is not reduced by any amounts withheld by the employer. Can i efile 2012 taxes If the income is $600 or more, the employer should report it in box 3 of Form 1099-MISC, Miscellaneous Income, and give the recipient a copy of the form or a similar statement. Can i efile 2012 taxes   Wages paid as income in respect of a decedent are not subject to federal income tax withholding. Can i efile 2012 taxes However, if paid during the calendar year of death, they are subject to withholding for social security and Medicare taxes. Can i efile 2012 taxes These taxes should be included on the decedent's Form W-2 along with the taxes withheld before death. Can i efile 2012 taxes These wages are not included in box 1 of Form W-2. Can i efile 2012 taxes   Wages paid as income in respect of a decedent after the year of death generally are not subject to withholding for any federal taxe
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The Can I Efile 2012 Taxes

Can i efile 2012 taxes Tax Changes for Individuals Table of Contents 2001 ChangesNew 5-Year Carryback Rule for Net Operating Losses (NOLs) Wash Sale Rules Do Not Apply to Section 1256 Contracts Other 2001 Changes 2002 ChangesDeduction for Educator Expenses Personal Credits Still Allowed Against Alternative Minimum Tax Later ChangeChild and Dependent Care Expenses 2001 Changes New 5-Year Carryback Rule for Net Operating Losses (NOLs) If you have an NOL from a tax year ending during 2001 or 2002, you must generally carry back the entire amount of the NOL to the 5 tax years before the NOL year (the carryback period). Can i efile 2012 taxes However, you can still choose to use the previous carryback period. Can i efile 2012 taxes You also can choose not to carry back an NOL and only carry it forward. Can i efile 2012 taxes Individuals, estates, and trusts can file Form 1045, Application for Tentative Refund. Can i efile 2012 taxes The instructions for this form will be revised to reflect the new law. Can i efile 2012 taxes Wash Sale Rules Do Not Apply to Section 1256 Contracts The wash sale rules that generally apply to losses from the sale of stock or securities, do not apply to any loss arising from a section 1256 contract. Can i efile 2012 taxes A section 1256 contract is any: Regulated futures contract, Foreign currency contract, Nonequity option, Dealer equity option, or Dealer securities futures contract. Can i efile 2012 taxes Wash sales and section 1256 contracts are explained in detail in Publication 550, Investment Income and Expenses. Can i efile 2012 taxes Other 2001 Changes Other changes are discussed in the following chapters. Can i efile 2012 taxes Chapter 4 Car Expenses Chapter 5 Depreciation 2002 Changes Deduction for Educator Expenses If you are an eligible educator, you can deduct as an adjustment to income up to $250 in qualified expenses. Can i efile 2012 taxes You can deduct these expenses even if you do not itemize deductions on Schedule A (Form 1040). Can i efile 2012 taxes This adjustment to income is for expenses paid or incurred in tax years beginning during 2002 or 2003. Can i efile 2012 taxes Previously, these expenses were deductible only as a miscellaneous itemized deduction subject to the 2% of adjusted gross income limit. Can i efile 2012 taxes Eligible educator. Can i efile 2012 taxes   You are an eligible educator if, for the tax year, you meet the following requirements. Can i efile 2012 taxes You are a kindergarten through grade 12: Teacher, Instructor, Counselor, Principal, or Aide. Can i efile 2012 taxes You work at least 900 hours during a school year in a school that provides elementary or secondary education, as determined under state law. Can i efile 2012 taxes Qualified expenses. Can i efile 2012 taxes   These are unreimbursed expenses you paid or incurred for books, supplies, computer equipment (including related software and services), other equipment, and supplementary materials that you use in the classroom. Can i efile 2012 taxes For courses in health and physical education, expenses for supplies are qualified expenses only if they are related to athletics. Can i efile 2012 taxes   To be deductible as an adjustment to income, the qualified expenses must be more than the following amounts for the tax year. Can i efile 2012 taxes The interest on qualified U. Can i efile 2012 taxes S. Can i efile 2012 taxes savings bonds that you excluded from income because you paid qualified higher education expenses, Any distribution from a qualified tuition program that you excluded from income, or Any tax-free withdrawals from your Coverdell education savings account. Can i efile 2012 taxes Personal Credits Still Allowed Against Alternative Minimum Tax The provision that allowed certain nonrefundable personal credits to reduce both your regular tax and any alternative minimum tax (AMT) has been extended and will be in effect for 2002 and 2003. Can i efile 2012 taxes This provision, as it applies to the AMT, was originally scheduled to expire after 2001. Can i efile 2012 taxes Without the extension, these credits could not have been used to reduce any AMT in 2002 or 2003. Can i efile 2012 taxes Later Change Child and Dependent Care Expenses For the purpose of figuring the child and dependent care credit, your spouse is treated as having at least a minimum amount of earned income for any month that he or she is a full-time student or not able to care for himself or herself. Can i efile 2012 taxes Beginning in 2003, this amount is increased to $250 a month if there is one qualifying person and to $500 a month if there are two or more qualifying persons. Can i efile 2012 taxes Before 2003, the amounts were $200 and $400. Can i efile 2012 taxes The same rule applies for the exclusion of employer-provided dependent care benefits. Can i efile 2012 taxes For more information about the credit and exclusion, see Publication 503, Child and Dependent Care Expenses. Can i efile 2012 taxes Prev  Up  Next   Home   More Online Publications