If you're a new visitor to our blog, there is one thing you should know right off the bat: tax law is complex. We're not trying to say this as a scare tactic, but rather as a way to illustrate why so many people across the nation, including many here in Ohio, have so many questions when it comes to legal issues involving the tax code.One such question, which is the one we pose in today's post title, oftentimes gets asked after a sudden death. Loved ones, aside from addressing other legal issues, must also consider the deceased person's taxes, especially if they were making income at the time of their death. Because tax season is upon us, we'd like to answer this for our Cuyahoga County readers.
Does a tax return need to be filed for a deceased person?
The short answer to this question is yes. According to the Internal Revenue Service, a deceased person's tax return should be "filed in the same manner as when they were alive." Instead of using December 31 of the tax year as the ending date for tax purposes, whoever files the deceased person's claim will use the date of death instead.
A return can be filed for a deceased person using Form 1040 or a simpler version, applying all credits and deductions the decedent would have been able to claim. If a refund is due, the person filing the return may claim the refund for themselves using Form 1310.
It's worth pointing out that just like with a living person, it's possible that a deceased person failed to file tax returns for past years and/or owes back taxes. A loved one may learn about this on their own or from a tax audit conducted by the IRS. This can turn an already overwhelming situation into a truly complex one, which may necessitate the need for a skilled attorney.
If you keep in mind the fact that the tax code is complex, then you will understand why obtaining a lawyer is a good idea in situations such as this. Though they can be an added expense, many consider lawyers to be valuable assets, especially if an important question comes up and you yourself do not have an answer for it.
If you think you may need a tax attorney or have questions about filing a tax returrn for a deceased loved one:
