The same filing requirements that apply to individuals determine if a final income tax return must be filed for the decedent. Filing requirements are discussed in chapter 1.

Filing to get a refund.
A return should be filed to obtain a refund if tax was withheld from salaries, wages, pensions, or annuities, or if estimated tax was paid, even if a return is not required to be filed. See Claiming a refund, later. Also, the decedent may be entitled to other credits that result in a refund. See chapters 37 and 38 for additional information on refundable credits.

Determining income and deductions.
The method of accounting regularly used by the decedent before death generally determines what income you must include and what deductions you can take on the final return. Generally, individuals use one of two methods of accounting: cash or accrual.

Cash method.
If the decedent used the cash method of accounting, include only the items of income actually or constructively received before death and deduct only the expenses the decedent paid before death. For an exception for certain medical expenses not paid before death, see Medical Expenses, under Exemptions and Deductions in Publication 559.

Accrual method.
If the decedent used an accrual method of accounting, report only those items of income that the decedent accrued, or earned, before death. Deduct those expenses the decedent was liable for before death, regardless of whether the expenses were paid.

Additional information.
For more information on the cash and accrual methods, see Accounting Methods in chapter 1.

Who must file the return?
The personal representative (defined earlier) must file the final income tax return of the decedent for the year of death and any returns not filed for preceding years. A surviving spouse, under certain circumstances, may have to file the returns for the decedent. See Joint Return, later.

Example.
Samantha Smith died on March 21, 1999, before filing her 1998 tax return. Her personal representative must file her 1998 return by April 15, 1999. Her final tax return is due April 17, 2000.

Filing the return.
The word "DECEASED," the decedent's name, and the date of death should be written across the top of the tax return. In the name and address space, you should write the name and address of the decedent and the surviving spouse. If a joint return is not being filed, the decedent's name should be written in the name space and the personal representative's name and address should be written in the remaining space.

Example 1.
John Stone died in early 1999. He was survived by his wife Jane. Their final joint return included the required information as shown later in the illustration of the top of Form 1040.

Form 1040 Label and Signature Area

Signing the return.
If a personal representative has been appointed, that person must sign the return. If it is a joint return, the surviving spouse must also sign it.

If no personal representative has been appointed, the surviving spouse (on a joint return) should sign the return and write in the signature area "Filing as surviving spouse." See Joint return, later.

If no personal representative has been appointed and if there is no surviving spouse, the person in charge of the decedent's property must file and sign the return as "personal representative."

Example 2.
Assume in Example 1 that Mrs. Stone is filing as a surviving spouse. No personal representative has been appointed. She signs their final joint return as shown later in the illustration of the bottom of Form 1040.

Claiming a refund.
Generally, a person who is filing a return for a decedent and claiming a refund must file Form 1310 with the return. However, if the person claiming the refund is a surviving spouse filing a joint return with the decedent, or a court-appointed or certified personal representative filing an original return for the decedent, Form 1310 is not needed. The personal representative must attach to the return a copy of the court certificate showing that he or she was appointed the personal representative.

Example.
Assume that Mr. Green died on January 4, 1999, before filing his tax return. On April 3 of the same year, you were appointed the personal representative for Mr. Green's estate and you filed his Form 1040 showing a refund due. You do not need Form 1310 to claim the refund if you attach a copy of the court certificate showing you were appointed the personal representative.

When and where to file.
The final individual income tax return is due at the same time the decedent's return would have been due had death not occurred. The final return for a decedent who was a calendar year taxpayer is generally due April 15 following the year death occurred. However, when the due date falls on a Saturday, Sunday, or legal holiday, you can file on the next business day.

Generally, you must file the final income tax return of the decedent with the Internal Revenue Service center for the place where you live. A tax return for a decedent cannot be electronically filed under the e-file or On-Line Filing Program. A paper tax return must be filed for the decedent.

Request for prompt assessment (charge) of tax.
The IRS ordinarily has 3 years from the date an income tax return is filed, or its due date, whichever is later, to charge any additional tax that is due. However, as a personal representative, you may request a prompt assessment of tax after the return has been filed. This reduces the time for making the assessment to 18 months from the date the written request for prompt assessment was received. This request can be made for any income tax return of the decedent and for the income tax return of the decedent's estate. This may permit a quicker settlement of the tax liability of the estate and an earlier final distribution of the assets to the beneficiaries.

You can request prompt assessment of any of the decedent's taxes (other than federal estate taxes) for any years for which the statutory period for assessment is open. This applies even though the returns were filed before the decedent's death.

Failure to report income.
If you or the decedent failed to report substantial amounts of gross income (more than 25% of the gross income reported on the return) or filed a false or fraudulent return, your request for prompt assessment will not shorten the period during which the IRS may assess the additional tax. However, such a request may relieve you of personal liability for the tax if you did not have knowledge of the unpaid tax.

How to request.
You can use Form 4810, to make this request. It must be filed separately from any other document. The request should be filed with the IRS office where the return was filed. If Form 4810 is not used, you must clearly indicate that it is a request for prompt assessment under section 6501(d) of the Internal Revenue Code. You must identify the type of tax and the tax period for which the prompt assessment is requested.

Request for discharge from personal liability for tax.
An executor can make a written request for a discharge from personal liability for a decedent's income and gift taxes. The request must be made after the returns for those taxes are filed. For this purpose an executor is an executor or administrator that is appointed, qualified, and acting within the United States.

Within 9 months after receipt of the request, the IRS will notify the executor of the amount of taxes due. If this amount is paid, the executor will be discharged from personal liability for any future deficiencies. If the IRS has not notified the executor, he or she will be discharged from personal liability at the end of the 9-month period.

Even if the executor is discharged, the IRS will still be able to assess tax deficiencies against the executor to the extent that he or she still has any of the decedent's property.

Form 5495.
Form 5495 can be used for making this request. If Form 5495 is not used, you must clearly indicate that the request is for discharge from personal liability under section 6905 of the Internal Revenue Code.

Joint return.
Generally, the personal representative and the surviving spouse can file a joint return for the decedent and the surviving spouse. However, the surviving spouse alone can file the joint return if no personal representative has been appointed before the due date for filing the final joint return for the year of death. This also applies to the return for the preceding year if the decedent died after the close of the preceding tax year and before the due date for filing that return. The income of the decedent that was includible on his or her return for the year up to the date of death and the income of the surviving spouse for the entire year must be included in the final joint return.

A final joint return with the decedent cannot be filed if the surviving spouse remarried before the end of the year of the decedent's death. The filing status of the decedent in this instance is "married filing separate return."

Personal representative may revoke joint return election.
A court-appointed personal representative may revoke an election to file a joint return that was previously made by the surviving spouse alone. This is done by filing a separate return for the decedent within one year from the due date of the return (including any extensions). The joint return made by the surviving spouse will then be regarded as the separate return of that spouse by excluding the decedent's items and refiguring the tax liability.

How To Report Certain Income

This section explains how to report certain types of income on the final return. The rules on income discussed in the other chapters of this publication also apply to a decedent's final return. See chapters 6 through 17, if they apply.

Interest and Dividend Income (Forms 1099)

A Form 1099 should be received for the decedent reporting interest and dividends that were includible on his or her return before death. A separate Form 1099 should be received showing the interest and dividends includible on the returns of the estate or other recipient after the date of death and payable to the estate or other recipient. You can request corrected Forms 1099 if these forms do not properly reflect the right recipient or amounts.

The amount reported on Form 1099-INT, Interest Income, or Form 1099-DIV, Dividends and Distributions, may not necessarily be the correct amount that should be properly reported on each income tax return. For example, a Form 1099-INT reporting interest payable to a decedent may include income that should be reported on the final income tax return of the decedent, as well as income that the estate or other recipient should report, either as income earned after death or as income in respect of the decedent (discussed later). For income earned after death, you should ask the payer for a Form 1099 that properly identifies the recipient (by name and identification number) and the proper amount. If that is not possible, or if the form includes an amount that represents income in respect of the decedent, include an explanation, as shown next under How to report, describing the amounts that are properly reported on the decedent's final return.

How to report.
If you are preparing the decedent's final return and you have received a Form 1099-INT or Form 1099-DIV for the decedent that includes amounts belonging to the decedent and to another recipient (the decedent's estate or another beneficiary), report the total interest shown on Form 1099-INT on Schedule 1 (Form 1040A) or on Schedule B (Form 1040). Next, enter a "subtotal" of the interest shown on Forms 1099 and the interest reportable from other sources for which you did not receive Forms 1099. Show any interest (including any interest you receive as a nominee) belonging to another recipient separately and subtract it from the subtotal. Identify this adjustment as a "Nominee Distribution" or other appropriate designation. Report dividend income on the appropriate schedule using the same procedure.

Note.
If the decedent received amounts as a nominee, you must give the actual owner a Form 1099, unless the owner is the decedent's spouse.

Accelerated Death Benefits

Accelerated death benefits are amounts received under a life insurance contract before the death of the insured individual. These benefits also include amounts received on the sale or assignment of the contract to a viatical settlement provider. This exclusion applies only if the insured was a terminally or chronically ill individual.

Generally, if the decedent received accelerated death benefits either on his or her own life or on the life of another person, those benefits are not included in the decedent's income. For more information, see the discussion under Gifts, Insurance, and Inheritances under Other Tax Information in Publication 559.

Business Income

This section discusses some of the business income which may have to be included on the final return.

Partnership income.
The death of a partner closes the partnership's tax year for that partner. Generally, it does not close the partnership's tax year for the remaining partners. The decedent's distributive share of partnership items must be figured as if the partnership's tax year ended on the date the partner died. To avoid an interim closing of the partnership books, the partners can agree to estimate the decedent's distributive share by prorating the amounts the partner would have included for the entire partnership tax year.

On the decedent's final return, include the decedent's distributive share of partnership items for the following periods.

1. The partnership tax year which ended within or with the decedent's last tax year (the year ending on the date of death).
2. The period, if any, from the end of that partnership tax year (item (1)) to the decedent's date of death.

S corporation income.
If the decedent was a shareholder in an S corporation, you must include on the final return the decedent's share of the S corporation's items of income, loss, deduction, and credit for the corporation's tax year that ends within or with the decedent's last tax year (the year ending on the date of death). The final return must also include the decedent's pro rata share of these items for the period between the end of that corporation's tax year and the date of death.

Self-employment income.
Include self-employment income actually or constructively received or accrued, depending on the decedent's accounting method. For self-employment tax purposes only, the decedent's self-employment income will include the decedent's distributive share of a partnership's income or loss through the end of the month in which death occurred. For this purpose, the partnership income or loss is considered to be earned ratably over the partnership's tax year. For more information on how to compute self-employment income, see Publication 533, Self-Employment Tax.

Medical Savings Account (MSA)

The treatment of a medical savings account (MSA), including a Medicare+Choice MSA, at the death of the account holder depends on who acquires the interest in the account. If the decedent's estate acquires the interest, the fair market value of the assets in the account on the date of death is included in gross income on the decedent's final return. The estate tax deduction, discussed later, does not apply to this amount.

If a beneficiary acquires the interest, see the discussion under Income in Respect of the Decedent, later. For other information on MSAs, see Publication 969, Medical Savings Accounts (MSAs).

Individual retirement arrangements (IRAs).
The treatment of a decedent's IRAs, including education IRAs and Roth IRAs, is covered in Publication 559.

Exemptions, Deductions, and Credits

Generally, the rules for exemptions, deductions, and credits allowed to an individual also apply to the decedent's final income tax return. Show on the final return deductible items the decedent paid before death (or accrued, if the decedent reported deductions on an accrual method).

Exemptions

You can claim the personal exemption in full on a final income tax return. If the decedent was another person's dependent (for example, a parent's), you cannot claim the personal exemption on the decedent's final return.

Standard Deduction

If you do not itemize deductions on the final return, the full amount of the appropriate standard deduction is allowed regardless of the date of death. For information on the appropriate standard deduction, see chapter 21.

Itemized Deductions

If the total of the decedent's itemized deductions is more than the decedent's standard deduction, the federal income tax will generally be less if you claim itemized deductions on the final return. See chapters 23 through 30 for the types of expenses that are allowed as itemized deductions.

Medical expenses.
Medical expenses paid before death by the decedent are deductible, subject to limits, on the final income tax return if deductions are itemized. This includes expenses for the decedent as well as for the decedent's spouse and dependents.

Qualified medical expenses paid before death by the decedent are not deductible if paid with a tax-free distribution from any medical savings account.

For information on medical expenses that were not paid before death, see Medical Expenses under Exemptions and Deductions in Publication 559.

Unrecovered investment in pension.
If the decedent was receiving a pension or annuity and died without a surviving annuitant, you can take a deduction on the decedent's final return for the amount of the decedent's investment in the pension or annuity contract that remained unrecovered at death. The deduction is a miscellaneous itemized deduction that is not subject to the 2% limit on adjusted gross income. See chapter 30.

Deduction for Losses

A decedent's net operating loss deduction from a prior year and any capital losses (capital losses include capital loss carryovers) can be deducted only on the decedent's final income tax return. A net operating loss on the decedent's final income tax return can be carried back to prior years. You cannot deduct any unused net operating loss or capital loss on the estate's income tax return.

Credits

Any of the tax credits discussed in this publication also apply to the final return if the decedent was eligible for the credits at the time of death. These credits are discussed in chapters 33 through 38 of this publication.

Tax withheld and estimated payments.
There may have been income tax withheld from the decedent's pay, pensions, or annuities before death and the decedent may have paid estimated income tax. To get credit for these tax payments, you must claim them on the decedent's final return. For more information, see Credit for Withholding and Estimated Tax in chapter 5.

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