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League City Texas Form 1310: What You Should Know

Form 1310 with the Internal Revenue Service. If you are claiming a refund on your own behalf: (a) you and the deceased debtor do NOT have to file a joint return; (b) you and the surviving spouse of the deceased debtor do NOT have to file a joint return; (c) if the deceased debtor is a spouse at the time of death, the deceased debtor's spouse (and any surviving spouse of the deceased spouse) must file a joint return, and (d) you and the deceased debtor must file a joint return, regardless of whether you co-own property with the estate. Form 1310 (Rev. February 2018) — IRS Form 1310 is used to claim a refund of a child's or spouse's federal income tax debt. This one-page form notifies Who Must File. (a) If you are claiming a refund on the parent's behalf and the parent is a nonresident alien or his or her U.S. permanent resident (PR) relative, you must file Form 2555 as a PR relative for both parents. You may claim the refund whether you are a PR (parent); (b) if you are claiming a refund on the child's behalf and the child is a resident alien, you must file Form 1040 as a nonresident alien. You may claim the refund whether you are a resident alien; (c) if you are claiming a refund on the spouse's behalf, you must file Form 8332 and include the form (and any applicable schedules), including any schedules for the parents' income taxes paid, if the spouse was a resident of the United States, you do not meet either of the other criteria for claiming the refund, and the husband died after you filed with the IRS. Who Must File? (a) If you are claiming a refund on the child's behalf, you must file Form 2555, PR Relief from Federal Income Taxes, and attach Schedule K-3, Federal Income Tax for PR Relatives of a Citizen and Resident Alien. You must follow the instructions on that schedule; (b) if you are claiming a refund on the spouse's behalf, you must file Form 1040NR, U.S. Individual Income Tax Return for PR Relatives of a Citizen and Resident Alien if the taxpayer is a nonresident alien. You are no longer a U.S.

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