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Form 1310 Downey California: What You Should Know

The “Name, Address, Social Security Number, and Payment Date” and “Amount of Claim” sections must be completed so that the IRS can determine the correct taxpayer based on the federal tax code provisions and to make a refund check to the claimant within 10 business days of the date of a death in order for the claim to be reviewed by the IRS. If you are claiming a refund on behalf of a deceased taxpayer, your tax liability will be the lowest of the adjusted gross income of the deceased (if known), or the value of assets in the estate as determined by the decedent on the date of death. For complete details, see the section entitled You may use any of the following forms of identification to file your claim with the IRS: The name, physical address and number under which you file with the IRS is shown on the statement. (However, if your physical address is more than one state, the address of your place of residence is where you file your tax returns.) When you claim a refund of your deceased tax liability by filing Form 1310 with the date of death, the form must be received by the IRS no later than the due date for your return (including extensions). If you are claiming a refund of your deceased tax liability by filing Form 1310 with the date of death, the entire refund must be received by the IRS no later than the date of death. If your claim is not received by the IRS by the due date for your return (including extensions) for the tax year in which you die, contact the Taxpayer Advocate Service to receive a refund. The IRS reserves the right to make an award to taxpayers who file valid and timely claims. Your claim will be considered valid if you: • Are filing a Form 1040NR or 1040NR-EZ; and • Have reasonable cause to believe the information on the claim is complete and correct. (The IRS will not consider a claim to be considered complete or correct solely because you have made an unauthorized correction or addition to your claim.) • Are claiming a refund for a deceased taxpayer's tax liability. • Have provided all supporting documentation to the IRS. • Were able to provide all information requested on the Form 1310. If you are a U.S. citizen claiming a tax liability due to the death of a U.S. citizen, you must be under age 65 (or a full-time student if age 65 or older) to claim a refund.

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