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Form 1041-N Virginia Fairfax: What You Should Know

A Guide to U.S. Income Tax in VA Instructions for 1042-NR Tax Return by Virginia Trustee For tax year 2017, the trust was under IRS Code (Code § 2681(a)(1), 2687, 2691, 3321) and has the designation “E.” “VIR” or “Inland Virgin Islands” status will result in a return that has the form number “1-12-1,” a statement “Non-resident alien” on line 17, and “Nonresident Alien” on line 28. It is important to note this filing does NOT require the provision of a 1025 tax identification number, and therefore is a “fairer” assessment for tax purposes. “Non-resident alien” and “Non-resident alien” means resident aliens as defined in Code § 1097(a) who reside in the Commonwealth. A Guide to U.S. Income Tax in Virginia Code Sections 66.2-1310, 66.1-3201, 66.2-621(c)(1); Code § 4.2-2121; Code § 4.2-3321 for trusts and estates. The Trusts and Estates Code provides trust and estate tax, which are all separate taxes but are combined under the title of trust and estate tax. The estate tax applies to “all estates, both personal and real, domiciled in the Commonwealth.” Section 66.2-621(c)(2) reads, “[d]domestic corporations and partnerships, or other persons with whom at all material times a domestic corporation or partnership has treated all its income, gain, and loss as a partnership interest, have a gross income, and a liability for tax,” the income being considered to be the “gross income” of the “domestic corporation or partnership.” In short, the “domestic corporation or partnership” must pay its share of the corporation or partnership's or individual's income (gains and losses), net of deduction and credit amounts. Section 66.2-1310(i) provides for a single withholding tax rate of 7.99% on “all taxable income” received. Also, the trust estate or trust is only allowed a tax deduction for the portion of the trust estate or trust's income not received in taxable year. Code § 66.2-1311 provides for a single withholding rate of 7.

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