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My dad is an estate attorney and deals with this all the time. Here's what he always tells clients: The bank is following proper procedure - they literally cannot deposit a check made out to an estate into a personal account. It's not a matter of them being difficult; it's banking regulations. What you need is: 1) Apply for an EIN for the estate (free on IRS website) 2) Take EIN and death certificate to bank 3) Open estate account 4) Deposit check 5) Transfer money to heirs 6) File final 1041 for estate showing $0 tax (inheritance not taxable) 7) Close account The confusion comes from mixing up banking requirements vs tax implications. You need the estate account to deposit the check, but that doesn't make the money taxable.
Thank you so much for breaking it down like this!! This makes perfect sense now. I was getting so confused because our accountant kept saying "inheritance isn't taxable" (which seems correct) but wasn't addressing the actual problem of how to deposit the check. I just got the EIN online following your steps and have an appointment with the bank tomorrow to open the estate account. Will the final 1041 be complicated to file? Or is it pretty straightforward since there's no tax due?
The 1041 for this situation is very straightforward. Since there's no income being generated by the estate (just passing through the inheritance), it's basically just identifying information and zeros for the income portions. Many people do it themselves for simple cases like yours. The form asks for the EIN, estate name, when it was opened/closed, beneficiaries, and income details. Since inheritance isn't income, you'll show the money coming in and going out to the heir(s) with no taxable amount. It's mainly filing it to show the IRS that the estate was opened and closed properly. Your accountant can do this very simply, or there are templates online if you want to DIY.
Just wondering - has anyone used TurboTax to file the 1041 for an estate? I'm in a similar situation and trying to figure out if I need to pay an accountant or if I can DIY it.
I used TurboTax Business for my mother's estate last year. It worked fine for a simple estate situation. The software walks you through all the questions and it's pretty straightforward if you're just dealing with passing inheritance through. Make sure you get the Business version though, the regular TurboTax doesn't do 1041s.
I just called the IRS Practitioner Priority Service about this exact question last week! The agent confirmed that Form 8809 doesn't require a 2848 for preparers to sign. They explained that information return extensions are considered "ministerial acts" that don't require formal representation authorization.
For what it's worth, I've been filing 8809 extensions for clients for years without a 2848 and never had an issue. The IRS is mostly concerned that the extension gets filed on time. Just make sure you have your EFIN or PTIN on the form as required. Also, remember that Form 8809 gives an automatic 30-day extension for 1099-NEC now - you don't even need to provide a reason for the extension request!
Thanks everyone for the helpful responses! This definitely clears things up for me. I'll go ahead and file the 8809 without the 2848 since I already have a service agreement with this client. And I'll look into getting 2848 forms for all my clients going forward as a best practice. Really appreciate all the insights!
Just wanted to add - make sure you also check your state tax filing requirements! I caught up with federal but completely forgot about state taxes, and ended up with a nasty surprise from my state tax authority. Some states have different lookback periods and requirements than the IRS.
Good point! Do states typically have the same 3-year refund window as federal? And would penalties be similar if I did end up owing?
Many states follow the same 3-year refund window as the federal government, but there are definitely exceptions. For instance, some states like California can look back and collect for much longer periods than the IRS typically does. Regarding penalties, they vary widely by state. Some states have lower penalty rates than federal, while others can be more aggressive with collections for even small amounts. It's definitely worth checking your specific state's department of revenue website or calling them directly. In my experience, state tax agencies are actually often easier to reach by phone than the IRS.
Just a quick correction to some of the advice here - while FAFSA typically uses the prior-prior year tax info, they can sometimes request verification of tax filing status or request tax transcripts for other years if there are discrepancies or if you're selected for verification. Being compliant with all filing requirements can make the financial aid process smoother if you get flagged for additional review.
This is accurate. I work in a financial aid office, and we do occasionally request tax transcripts for verification purposes. While we primarily use the prior-prior year for determination, having unfiled taxes can sometimes create issues during verification or if there are special circumstances reviews.
The W-4 change in 2020 really messed a lot of people up. My wife and I had a similar issue last year. What fixed it for us was: 1) We both checked the box in Step 2(c) on our W-4s that says "If there are only two jobs total, you can check this box" 2) We each put an extra $75 per paycheck in Step 4(c) as additional withholding After making those changes mid-year, our tax situation evened out. This year we're getting a small refund of about $200, which is perfect. The IRS withholding calculator is helpful but honestly kind of confusing to use.
Did both of you need to check the box in Step 2, or just one of you? I've read conflicting things about this and don't want to withhold too much either.
We both checked the box, but I've since learned that was actually withholding too much. The correct approach is for only one spouse to check the box, not both. We ended up over-withholding a bit which is why we got that small refund. The safest approach is to use the IRS Tax Withholding Estimator online. It will give you specific instructions for each spouse's W-4. Usually it tells one person to check the box and the other not to, plus suggests additional withholding amounts if needed.
Has anyone used TurboTax's W-4 withholding calculator? My tax preparer recommended it over the IRS one but I'm not sure if its worth paying for when the IRS one is free.
I've used both and honestly the IRS one is better. The TurboTax one tries to upsell you on their paid tax prep services and doesn't give you as detailed instructions for filling out the W-4. Save your money and just use the free IRS Tax Withholding Estimator.
Paolo Longo
Don't forget about state taxes! Everyone's talking about federal gift tax, but some states have their own gift tax rules. Connecticut is the only state with a true gift tax now, but other states might treat gifts differently or have inheritance taxes that could affect your friend. Also, if you're giving a substantial gift to help someone in need, you might want to look into setting up a more formal arrangement if this could become recurring. There are tax-advantaged ways to provide financial support through trusts or family partnerships depending on your situation.
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Amina Bah
β’Wait really? I've never heard of state gift taxes before. I live in California and give my kids money every year. Do I need to be filing something with the state? Now I'm worried I've been doing this wrong for years...
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Paolo Longo
β’You don't need to worry about California - they don't have a state gift tax. Connecticut is currently the only state with a specific gift tax. Previously, Tennessee had one but they phased it out. However, some states do have inheritance taxes that the recipient might pay, though these typically exempt immediate family members and have various thresholds. For regular gifts to your kids in California, there's no additional state filing requirement beyond what's required federally (which is nothing if you're under the annual exclusion amount).
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Oliver Becker
Just wanted to mention that if you're giving money to help a friend in need, there's another option worth considering. You could pay certain expenses directly rather than giving cash. If you pay medical providers or educational institutions directly, those payments are exempt from gift tax limits altogether! So if your friend has medical bills or education expenses, you could pay those directly and still give the $16,000 cash gift. The direct payments don't count toward your annual exclusion amount.
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CosmicCowboy
β’This is really helpful! My daughter is starting college next year and my parents want to help. Does this mean they could pay her tuition directly to the school AND give her gift money up to the limit without any tax issues? Would this work for her dorm costs too or just tuition?
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Oliver Becker
β’Yes, your parents can absolutely pay your daughter's tuition directly to the educational institution AND still give her up to the annual gift exclusion amount ($17,000 for 2024) with no gift tax consequences! This is a great strategy for education funding. For the second question, the unlimited education exclusion typically covers tuition only, not room and board/dorm costs or books. Those additional expenses would need to come from either the regular cash gift (within the annual exclusion amount) or other resources. The IRS is quite specific that the education exception only applies to direct tuition payments to qualifying educational institutions.
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