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Tax question

Posted on 12/1/22 at 10:03 am
Posted by FredBear
Georgia
Member since Aug 2017
16980 posts
Posted on 12/1/22 at 10:03 am
Just looking for some general advice or suggestions on where to look for information here.

My wife's sister just had her husband die a little over a week ago and an issue she has is they stupidly have not filed taxes since the 2018 tax year. What I'm wondering is how does she still file a joint return from those years that he was still living without him being alive now to sign the returns?

Surely there must be a way to do so but I'm wondering if she would be better off going to a professional to do it because of any hoops there may be to jump through.

They also never got any of the stimulus checks because they didn't file for 19 and 20 tax years and I'm hoping she can still get that once she files. She sure could use it.

It's a problem of their own making but any advice I could pass on to her would be appreciated. Thanks
Posted by LSUFanHouston
NOLA
Member since Jul 2009
40259 posts
Posted on 12/1/22 at 10:13 am to
Sorry for the loss.

The wife can sign the returns for him, all of the tax software prep systems have the ability to mark a taxpayer as deceased at the time of filing.

This will be a lot easier if she is the executor of his will.

At this point, the stimilus checks would have to be claimed as the "recovery rebate credit" on the 2020 (for the first and second check) and the 2021 (for the thirs check). They have three years to file a return and get a refund. So 2020 needs to be filed by April 15, 2024, and 2021 by April 15, 2025.
Posted by FredBear
Georgia
Member since Aug 2017
16980 posts
Posted on 12/1/22 at 10:15 am to
Thanks man. I don't know why in the world they weren't filing them but I think she is trying to set it straight now. Thanks again
Posted by LSUFanHouston
NOLA
Member since Jul 2009
40259 posts
Posted on 12/1/22 at 10:29 am to
quote:

I don't know why in the world they weren't filing them but I think she is trying to set it straight now.


Often times... they don't file one year (maybe they owed, maybe they just forgot, etc) and then they freak out and lock up and don't file aditional years.

100 percent mental block thing.
Posted by Weekend Warrior79
Member since Aug 2014
20812 posts
Posted on 12/1/22 at 3:04 pm to
quote:

They have three years to file a return and get a refund. So 2020 needs to be filed by April 15, 2024, and 2021 by April 15, 2025.

If they do have a refund coming their way, would it make sense to keep rolling it forward until she files the 2022 return to minimize the number of refund checks she’ll need to wait for? Or, potentially offset some taxes owed if applicable in any of the years after the 2018 return?

Didn’t have to go back that far, but that’s what we did for my FIL. He didn’t feel like dealing w the return, so just sent an estimate for more than he would need until my wife and I just took it over for him. But that was just the 2020 return and we filed it for him in Dec of 2021, then jumped on his 2021 returns and filed them in mid-Feb 2022
This post was edited on 12/1/22 at 3:07 pm
Posted by texn
Pronouns: Y'All/Y'All's
Member since Nov 2019
4059 posts
Posted on 12/1/22 at 4:03 pm to
IRS Form 1310
Posted by LSUFanHouston
NOLA
Member since Jul 2009
40259 posts
Posted on 12/1/22 at 8:44 pm to
quote:

If they do have a refund coming their way, would it make sense to keep rolling it forward until she files the 2022 return to minimize the number of refund checks she’ll need to wait for? Or, potentially offset some taxes owed if applicable in any of the years after the 2018 return?


I advise against rolling it forward on a late filed return. IRS systems get confused, especially if you file several years of late filed returns in a few months. I've seen the IRS systems screw this up waaaay too many times.

Get the check each year.

If she has a liabililty on the books for a prior year, the IRS is going to automatically apply that refund to that prior year, and send her a letter. Keep in mind this applies also to state tax debts (and vice versa) and also some other federal liablities (like if you need to repay FEMA).
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