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Anaheim California online Form 1310: What You Should Know

Before you submit a tax return, ask yourself questions about the deceased tax return. Have you filed Form 1040? Are you already married to a person (spouse/common-law partner) who was not covered by a death benefit tax treaty? Did your deceased spouse file an estate plan tax return or was the beneficiary under a trust or estate arrangement? Was your marriage annulled? Does the deceased taxpayer have a financial estate in his or her estate? Did you (or the estate) receive a personal property allowance or deduction or a retirement credit refund? Is there any other financial loss under the estate tax? If the answer to any of these questions is “yes”, you probably have a responsibility to file a tax return for the deceased taxpayer (and possibly other beneficiaries) under the estate and/or gift tax treaties. The rules and procedures for filing a tax return for the deceased taxpayer are specific to the estate and gift tax treaties. There may also be other tax treaties of interest to you if you file a separate tax return for each of the beneficiaries. See the table below for the most common estates/gifts with tax filing requirements: Estate/Gift Tax Treaty Status (Form T717) Estate/Gift Tax Treaty (Form T3124A or T3124B) Estate Tax Treaty (Form T1-C and T1-M) The table outlines the time required for filing a tax return (or sending in information to the IRS). First off, you must determine your relationship with your deceased spouse. Is the deceased spouse entitled to get the estate or gift tax refund? Is the deceased spouse entitled to a “receipt” on the basis of the deceased person's benefit? If the answer is yes, you may want to make a quick appointment (and see the comments following about how fast you can get it done). Remember, the time to file a tax return (or to send in information) must fall on the tax return due date. That is on the day the tax return was not filed. You will receive a written notice notifying you that a tax return is due. Do you need to take the time to complete the tax return (or send in the required information)?  If you do, you are eligible for a refund because you are the spouse, common-law partner, or dependent of that taxpayer who died.

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