Do you have clients who are still waiting for a refund from a deceased taxpayer’s year 2022 or 2023 final income tax return? The IRS significantly delayed issuing refunds for final income tax returns filed with an attached Form 1310, Statement of Person Claiming Refund Due a Deceased Taxpayer.
This year, the Taxpayer Advocate Service (TAS) saw a spike in requests for assistance for the processing of deceased individuals’ returns and reached out to the IRS to find the source of the issue and solution. The cause of the problem was identified, and the IRS is working to reduce the backlog of unprocessed Forms 1310, which will allow the processing of the remaining returns and issuance of any outstanding refunds.
TAS estimates that the IRS received nearly 18,000 paper Forms 1310 for 2022 and, through the end of April, the IRS received nearly 14,000 paper Forms 1310 for 2023. Upon receipt of a return with an attached Form 1310, it is our understanding that the IRS separates the paper form from the return for different processing streams. Normally, the IRS processes Form 1310 before processing the return. While the IRS has added Form 1310 to its Modernized e-File platform, depending on the boxes checked on the form, not all Forms 1310 are supported and require paper filing. Unfortunately, the paper Forms 1310 were not properly processed, which created a backlog of unprocessed 2022 and 2023 Forms 1310.
If the Form 1310 is unprocessed, the IRS cannot process the associated final return and issue the refund. Once the Form 1310 is secured and processed, the IRS must manually issue the refund. There were significant processing delays in issuing refunds for the 2022 and 2023 returns filed with an attached Form 1310. After identifying and correcting the root cause of the issue, the IRS has worked to decrease the backlog of unprocessed Forms 1310 and to manually issue the associated refunds.
The IRS informed TAS that it has recently processed over 70 percent of the backlog, with about 1,100 returns remaining to be processed as of the beginning of August. In addition, the IRS took several steps to prevent future backlogs:
- Requested a programming update to enable the issuance of systemic refunds once the Form 1310 is processed or any other missing information is secured;
- Evaluated the centralization of its transcript inventory system to enable the IRS to find and prioritize overaged cases;
- Improved employee instructions for processing decedent returns and emphasized the proper use of these codes in training; and
- Implemented programming designed to detect coding inconsistent with return information and to send the return to an examiner for manual review and correction, rather than locking the account.
It is anticipated that these steps will prevent future delays.