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Form 1310 for Austin Texas: What You Should Know

If you are claiming a refund on behalf of a deceased taxpayer, you must file Form 1310 if : you are NOT a surviving spouse filing an original or amended joint tax return ; You are NOT a person claimed as a dependent on a return filed by a qualifying dependent (child, grandchild, guardian or spouse); You are NOT a surviving spouse who filed a tax return for the decedent (yourself, the deceased, and/or any other surviving spouse). We recommend you file Form 1310 to claim a refund for the decedent because you are claimed as a dependent on the deceased's return, and you are claiming a refund on his/her behalf under the child tax credit. If you are claiming a refund on behalf of a deceased taxpayer you must file Form 1310 at least 10 days BEFORE filing the deceased's next federal return for the tax year. We recommend you file Form 1310 because IRS Form 1310 is only used if you are claiming a refund of a credit for child tax credit. If the deceased returned to work and continued to claim an ETC or MTC refund (or received more than 300 in refundable credits) you may not file the tax return until after the next tax year's tax return is filed. If the deceased returns to work and continues to receive more than 300 in non-refundable tax credit, you may file the tax return during the next tax year. When You Do Not File If you filed your taxes, and you do not want a refund claim on the deceased's return, no taxes need to be paid, and you may file a claim on your own tax return.

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