1310 Form 2021-2024

1310 Form: What You Should Know

What are the penalties for filing or not filing Form 1310 for a deceased taxpayer? There is no penalty for filing IRS Form 1310 for a deceased taxpayer (see IRS Publication 590-B for more information). The information may be given directly to the IRS (without delay) by the personal representative of that taxpayer or, if the recipient is the IRS, by the IRS officer. The personal representative may use Form 1310 for a deceased taxpayer if: the deceased taxpayer was a nonresident alien and the personal representative receives written notice from the deceased taxpayer's employer, as indicated under Instructions, the deceased taxpayer was a nonresident alien but was not a U.S. citizen or was a United States citizen but was outside the United States or was permanently blind or was a veteran and the personal representative does one of the following if the form is filed by mailing or delivering it to the address on the Form 1310 for the deceased taxpayer: the personal representative: files Form 1310 for the deceased taxpayer; signs the death certificate or death certificate renouncing the deceased taxpayer's U.S. citizenship (or an earlier citizenship and filing status), and signs an acknowledgement of the facts that were stated in the certificate or certificate renouncing the deceased's citizenship which: identifies the deceased as a U.S. citizen or person claiming U.S. citizenship; states the date of birth and United States mailing address of the deceased, and, if required, a current mailing address under the Federal Insurance Contributions Act (FICA) that matches the address on the form; the personal representative or the individual claiming the deceased as a U.S. citizen: applies for a Social Security number, driver's license (ID card), or tax paid identification card for the deceased taxpayer under the Social Security Act (SSA); or gives the IRS written notice that the deceased is deceased.

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