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Is a tax refund taken for a deceased person with Form 1310 considered (unearned) income?

Forum|Forum|5 years ago
April 13, 2021
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Is a tax refund taken for a deceased person with Form 1310 considered (unearned) income? Assume it is taken for a non-spouse.

Form 1310 is Statement of Person Claiming Refund Due a Deceased Taxpayer.

Thank you for your time.

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Best answer by JotikaT2

Can you clarify what you mean by the tax refund taken for a deceased person?

Are you asking if you received the refund for a deceased person and want to know if you need to report this on your tax return?

If so, you do not. This is a refund of their excess tax paid in and is not taxable income. It is essentially treated as if you are acting on behalf of the taxpayer. A federal refund due to you on a tax return is not considered income to you. The same would be true since you are filing on behalf of the deceased taxpayer.

J

JotikaT2Answer

Can you clarify what you mean by the tax refund taken for a deceased person?

Are you asking if you received the refund for a deceased person and want to know if you need to report this on your tax return?

If so, you do not. This is a refund of their excess tax paid in and is not taxable income. It is essentially treated as if you are acting on behalf of the taxpayer. A federal refund due to you on a tax return is not considered income to you. The same would be true since you are filing on behalf of the deceased taxpayer.

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