What i have is a spouse decd in late 2012. TP(husband) received a 1099r 2013 with spouse name,ss#, and FWH on the 1099r. TP filing single in 2013. Company paid this to TP but will not correct 1099r for the SS#. Question is how do we get the refund wh on the 1099r back. Decd spouse has no estate. Even then the wh is in spouse # so I really can't file a 1041 and ask for it back. Suggestions?
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Last edited by TAX4US; 02-22-2014, 12:09 PM. -
Here's how I would handle this. The husband is beneficiary of wife's estate and should include the income and withholding on his return. If a CP-2000 comes about the withholding, explain and send a copy of the 1099-R. -
That won't work. The IRS will not issue a refund of withholding taxes if it is under the deceased's SSN unless it is on a joint return. The company needs to correct the 1099R so that it can be included on the surviving spouse's return if they paid the husband. It's not clear from the post exactly who the check was made payable to. Or the date it was written. More than likely, the problem here is that the surviving spouse got the check issued to the deceased, and deposited it into their joint account. It should have been returned to the company for re-issue either to him or the estate. If the company did pay the husband, the company has two choices. Either correct the SSN or refund the tax withholding and adjust their next report to the IRS. The TP may have to go over someone's head to get this done.Comment
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