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sockeye
Returning Member

Is 1041 necessary for a Trust? Please clarify the "ANY taxable income for the year" rule.

The Trust's gross income was $500, all in interest and dividends. "Taxable Income" after deductions + $100 exemption (complex trust) is negative. But since int/div. are considered "taxable income", does the Trustee still need to file a 1041?   

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2 Replies

Is 1041 necessary for a Trust? Please clarify the "ANY taxable income for the year" rule.

from IRS instructions

Trust
The fiduciary (or one of the joint fiduciaries) must file Form
1041 for a domestic trust taxable under section 641 that has:
1. Any taxable income for the tax year; - you don't habe any taxable income - taxable income means line 23 
2. Gross income of $600 or more (regardless of taxable income); you apparaantly did't have gross income of $600 or more 
3. A beneficiary who is a nonresident alien; or
4. If you held a qualified investment in a QOF at any time

 

 

however , you may have an NOL which in order to be able to carry it forward you would need to file. see the following rules

 

Line 23—Taxable Income
Minimum taxable income. Line 23 can't be less than the larger of:
• The inversion gain of the estate or trust, as figured under section 7874, if the estate or trust is an expatriated entity or a partner in an expatriated entity; or
• The sum of the excess inclusions of the estate or trust from Schedule Q (Form 1066), Quarterly Notice to Residual Interest Holder of REMIC Taxable Income or Net Loss Allocation, line 2c.

 


Net operating loss (NOL). If line 23 (figured without regard to the minimum taxable income rule stated above) is a loss, the estate or trust may have an NOL. Don't include the deductions claimed on lines 13, 18, and 21 when figuring the amount of the NOL. ( if there net income when excluding these lines there is no NOL so no need to file) 
Generally, an NOL can only be carried forward to subsequent years and cannot be carried back
during the year, you must file your return with Form 8997 attached (for Qualified Opportunity Fund) . 

M-MTax
Level 12

Is 1041 necessary for a Trust? Please clarify the "ANY taxable income for the year" rule.

Disagree...for this purpose it's taxable income versus tax-exempt income. If the trust has $600 or more of gross income including tax-exempt or ANY income over the exemption amount subject to being taxed file a 1041. See what happens if the trust gets a 1099INT with $500 in taxable interest and a 1041 doesn't get filed.

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