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Form 1041-N for Tampa Florida: What You Should Know

If you are preparing for the current year and your trust is a non-qualified election trust, you are considered to have met the reporting obligation for the trust, as long as there are no prior years of income. Any prior year income which resulted from a qualifying sale of the trust's share in a property (property sale) is added to the income of the trust for any year that you have met your reporting obligations. This includes property that was owned by another party and sold by your trust. The trust must have at least 600 of income (IRS 1041) for each year of the trust's existence, or 664,000 in the case of a single trust. With a single trust, the income will be reduced (but not necessarily eliminated) if a trust is formed by the filing of a written agreement to divide assets between the parties prior to the filing of any return on tax time. If you have any questions about trust income, consult the relevant IRS publications: Tax Bulletin 2011-22 (PDF) — IRS Publication 6051 Tax Bulletin 2011-23 (PDF) — IRS Publication 6065 As a general rule, any property donated in an estate will be allocated between the estate beneficiary and the trustee who held the property, as if it had been owned by the beneficiary. Similarly, when a trust's property is sold to pay the beneficiary's trust tax withholding taxes and the proceeds are included in an estate, the beneficiary's portion is reduced, but not eliminated, of the property's fair market value on the date of the disposition. I've received a number of questions on trust income with regard to this section of Form 1041. In general, if a taxpayer's personal representative, for tax purposes, provides an election under IRC Section 6045(c)(1) or 6130(c)(2), and the election is not canceled (cancelled in the case of a joint election when you file Form 706 with the federal department of the treasury), the personal representative is considered to have met his or her obligation for reporting the trust's income when the trust files a completed income tax return as soon as possible after the taxpayer's death (under IRC Section 6038(e)) and not subsequently (under IRC Section 6326).

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