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Printable Form 1310 Maine: What You Should Know

Type of estate. Type of dependency. Age. Other dependents. The following are optional, and cannot be submitted. (There are certain exceptions for taxpayers with disabilities, those who have a religious objection to having estate or inheritance information collected and reporting on IRS Form 706, “Report of Separation of Liability for Income Tax, FICA and Medicare Taxes of Separate Property,” and certain persons who are not legally obligated to file an application for a refund but have been selected for a limited time to make that application.) The following items are not required. An explanation of the reason for the claim, the dates of death or deaths of the decedent and the taxpayer; An explanation of the circumstances constituting the exemption or refund, and the date of the claim; Payment of the amount of the tax and payment of the penalty, if any; Documentation of the claim (documentation must include copy of the certificate of death (if any) as well as a copy of the valid order to release the decedent's remains and the order for his or her cremation); An affidavit in support of the claim, signed by all the applicant or the parent, guardian, or person otherwise legally responsible for the applicant. The applicant must supply a notarized copy of any other documents or statements presented in support of the claim. The affidavit does not need to include the decedent's last address or telephone number. The affidavit is considered signed if the applicant signs or attests before a notary public or other acceptable professional notary. A sworn and notarized affidavit submitted in lieu of the above items is signed by each member of the applicant's family to the effect that the documents are genuine. The following are additional requirements of 1310ME for certain taxpayers: (1) The claim must be filed with the Department before or within 30 days after the time that is 30 days after the date of the filing of tax returns for both married taxpayers to determine the tax liability of each filing spouse. The applicant must state which spouse of the taxpayer was the applicant's spouse on the taxpayer's return for the preceding tax year and, if married filing jointly, the date upon which the joint return was filed; or, (2) You may obtain proof of the taxpayer's death from the Maine Department of Revenue. The proof required may be in the form of (a) certificate of death signed by the deceased.

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