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Form 1310 for Wyoming: What You Should Know

You are not a surviving spouse filing an original or amended joint tax return. For joint income tax return filing purposes, you must complete Form 1310 (Rev. December 2021) — IRS. You must file Form 1310 if your deceased taxpayer: • did not file a Form 1040X or Form 1040 if you were married filing a joint return • did not file a Form 1040X or Form 1040 if you were married filing a separate return • did not file Form 1120S or Form 1120S-R for any years in the decade (from 1975 through 1999) that he or she was not claimed as a dependent on any other return. For a separate return in which you took a standard deduction, if your deceased taxpayer did not take a standard deduction for that return but instead took a deduction for the year for a personal exemption, you must file Form 1310 (Rev. December 2021) — IRS. When you file Form 1310, you must report on it any personal exemptions and exemptions on which personal exemptions were claimed by the taxpayer. Personal exemptions that were claimed on or before March 17, 2018, or that were claimed on or after March 17, 2018, are generally included. Personal exemptions paid on or after July 16, 2018, are taken into account for future tax years. How do you determine whether a taxpayer is deceased for income tax purposes? There are several situations in which income taxes will not be due. If you claim a dead person's income for tax purposes, you may owe back tax. The amount you owe, or can reasonably determine you owe, will be reported for income tax purposes with the following exceptions: How much you pay in back taxes for any year may be reduced if you have not met a condition that prevents the payment. When a person is declared as a joint taxpayer or married filing separately, the income tax returns of each spouse for that year are combined and reported on Form 1040X. You must complete and sign Form 1310. Your deceased taxpayer filed an income tax return with Form 1040X, Form 1040, Form 1120S, or Form 1120S-R. The deceased taxpayer's spouse, estate, or executor did not file, or do not believe he or she did not file, an income tax return.  You must file with Form 1310, the return that you believe will show the amount of income taken from the deceased's estate.

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