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Form 1310 UT: What You Should Know

Form 2555, Claim for Refund Due a Deceased Taxpayer — Utah Income Taxes Use this form to claim a refund for a deceased taxpayer in Utah. The dead taxpayer is the sole taxpayer on both the original federal and Utah income tax returns. The deceased taxpayer's estate or survivors are included on the original Utah federal filing or the return of surviving spouses. The estate or survivors are not included on any subsequent return, regardless of the date the return was filed. If the deceased taxpayer has other survivors, they are included on the tax return which includes the deceased taxpayer. You can complete this form only on the original federal return. You may submit Form 2555 to the Utah Income Tax Department only if a qualified estate has been created on the person's federal return (including prior return). Furthermore, you may use Form 2555 for claims for refund, refund of tax paid, and/or transfer of tax withheld. Utah Fiduciary Tax Deduction. A trustee may deduct the following from a trust settlement agreement, unless otherwise provided under state law: • In the case of a valid trust settlement agreement, no amount in excess of the fair market value of the interest in the agreement or in any other property held by the trustee or by any person in connection with the agreement is deductible. • An amount equal to the cost of any assets sold or distributed by the trustee or by anyone in connection with the agreement. In this case, the trustee will not deduct or pay, or give away, any such value of the interest or other property held by the trust or by any person in connection with the agreement. You can submit Form 2555 using only one of the following two options: If the dead person's federal return has been returned to the state for investigation and/or the deceased person has been found fit for return, the deceased person can pay the estate, estate trustees, and nonresident alien beneficiaries for their part of the payment. You can submit Form 2555 using a trustee who is qualified under Utah law. Your trustee will be considered “qualified” even if the person is a nonresident alien or nonresident alien beneficiary under an IRA or 401(k) plan. If the deceased person has not been found fit for return, then the amount paid on the Form 2555 can be refunded to the estate. You can submit Form 2555 using a nonresident alien for whom the tax is deductible.

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