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marzora
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What is the due date for someone to receive their schedule k1 estates and trusts from the organization managing the trust?

If April 15 is the due date and I do not receive a copy of the Form 1041 Beneficiary's share of income, deductions, credits, etc. before April 15th. As the beneficiary how do I complete my tax filing by April 15th since I need the information Part III to complete my tax filing?

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What is the due date for someone to receive their schedule k1 estates and trusts from the organization managing the trust?

"what is the due date for someone to receive their schedule k1 estates and trusts...?"

The due date for the K-1 is the same as the due date for the actual return (Form 1041), including any extensions.

See https://www.irs.gov/instructions/i1041#idm140630132069712

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15 Replies

What is the due date for someone to receive their schedule k1 estates and trusts from the organization managing the trust?

"what is the due date for someone to receive their schedule k1 estates and trusts...?"

The due date for the K-1 is the same as the due date for the actual return (Form 1041), including any extensions.

See https://www.irs.gov/instructions/i1041#idm140630132069712

marzora
New Member

What is the due date for someone to receive their schedule k1 estates and trusts from the organization managing the trust?

If April 15 is the due date and I do not receive a copy of the Form 1041 Beneficiary's share of income, deductions, credits, etc. before April 15th. As the beneficiary how do I complete my tax filing by April 15th since I need the information Part III to complete my tax filing?

What is the due date for someone to receive their schedule k1 estates and trusts from the organization managing the trust?

Personally, I would request an extension, unless the amounts on the K-1 would be minimal.

You can also just file your return and amend it after your return is accepted and you get your K-1. I would just recommend filing for an extension in your case, quite frankly.

What is the due date for someone to receive their schedule k1 estates and trusts from the organization managing the trust?

I have a Trust and working on 1041 manually for now to understand it better. However, I was watching a video and the man stated K-1's need to be filed by the due date or $195/beneficiary can be charged per month. I read something where K-1's should be sent out to beneficiaries by 15 March, yet I read on the irs site you provided 18 April 2023...I assume I am still good?

 

Also, as long as I am still good, how do I get a one-on-one with a pro at turbotax to ensure i am good with everything?

 

Another thing, in the Trust, there are no requirements for distribution of income (the only income this year is bank interest, 2 IRAs, and rental income which is passive). The Trust is used to pay taxes, insurance, and other costs incurred by the Trust, so I'm not sure if the K-1 really applies. Inheritance is not taxed only the income made by the Trust.

Please advise and thank you.

What is the due date for someone to receive their schedule k1 estates and trusts from the organization managing the trust?


@collinsb032 wrote:

....I was watching a video and the man stated K-1's need to be filed by the due date or $195/beneficiary can be charged per month. I read something where K-1's should be sent out to beneficiaries by 15 March.....


The video probably applied to K-1s for partnerships/multi-member LLCs (Form 1065) and S corporations (Form 1120-S). 

 

K-1s for trusts/estates (Form 1041) are required to be provided on or before the due date for the return (Form 1041) which is typically mid-April for calendar year estates or trusts or the 15th day of the 4th month following the close of the tax year for the trust or estate. 


See https://www.irs.gov/instructions/i1041#en_US_2022_publink1000285999

 

Failure To Provide Information Timely

You must provide Schedule K-1 (Form 1041), on or before the day you are required to file Form 1041, to each beneficiary who receives a distribution of property or an allocation of an item of the estate.

 

For each failure to provide Schedule K-1 to a beneficiary when due and each failure to include on Schedule K-1 all the information required to be shown (or the inclusion of incorrect information), a $290 penalty may be imposed with regard to each Schedule K-1 for which a failure occurs. The maximum penalty is $3,532,500 for all such failures during a calendar year. If the requirement to report information is intentionally disregarded, each $290 penalty is increased to $580 or, if greater, 10% of the aggregate amount of items required to be reported, and the $3,532,500 maximum doesn't apply.

 

The penalty won't be imposed if the fiduciary can show that not providing information timely was due to reasonable cause and not due to willful neglect.

 

@collinsb032 

What is the due date for someone to receive their schedule k1 estates and trusts from the organization managing the trust?

Another thing, in the Trust, there are no requirements for distribution of income (the only income this year is bank interest, 2 IRAs, and rental income which is passive). The Trust is used to pay taxes, insurance, and other costs incurred by the Trust, so I'm not sure if the K-1 really applies. Inheritance is not taxed only the income made by the Trust.

Please advise and thank you.

What is the due date for someone to receive their schedule k1 estates and trusts from the organization managing the trust?

No distributions (actual or deeded) equals no K-1s.

 

Apparently, the trust is set up to pay tax and accumulate income and gains.

What is the due date for someone to receive their schedule k1 estates and trusts from the organization managing the trust?

Kind of off topic, but I know calendar year for 1041 is the most used...is there an advantage to fiscal year? I decided on Feb 2022-Dec 2022 for the 1041 (I know I can do 12 months or less) and my deceased relative I am reporting on Jan 2022-Feb 2022. I know the Trust takes over on date of death.

 

Also, after much study, I have concluded I can only take depreciation (based on date of death), taxes, and insurance as deductions on a rental property in the trust, but I cannot take deductions on my deceased relatives primary residence since it is not a "business entity" like the rental. This confuses me some because my relatives could take taxes off on their 1040 (I don't recall insurance). Again, I'm learning. I've read through the 1041 booklet and some others to gather information.

 

Please advise and, again, thank you.

 

What is the due date for someone to receive their schedule k1 estates and trusts from the organization managing the trust?

Let me clarify.  There was inheritance pushed out to beneficiaries from the Trust, but again, inheritance is not taxed unless it's around $12 million and no inheritance tax in the states distributed. An attorney on youtube also mentioned inheritance does not get K-1, but rental income would.  After you stated what you did, now I wonder if K-1s are required or not in this case? That is why I ask the question.

 

Thank you.

What is the due date for someone to receive their schedule k1 estates and trusts from the organization managing the trust?


@collinsb032 wrote:

...is there an advantage to fiscal year? 


Trusts are generally required to adopt a calendar year.

 

See https://www.irs.gov/instructions/i1041#en_US_2022_publink1000285986

What is the due date for someone to receive their schedule k1 estates and trusts from the organization managing the trust?


@collinsb032 wrote:

....I can only take depreciation (based on date of death), taxes, and insurance as deductions on a rental property.....


The date of death usually establishes the basis for depreciation, which is the fair market value on that date.

 

Deductions for real property held by the trust for personal use are severely limited.

What is the due date for someone to receive their schedule k1 estates and trusts from the organization managing the trust?


@collinsb032 wrote:

....An attorney on youtube also mentioned inheritance does not get K-1, but rental income would....


I believe the attorney was referring to the actual property and not income or gain generated by the property (e.g., rental income, interest, dividends, et al).

 

You can generally distribute principal (corpus of the trust) without incurring any tax liability. With respect to income or gain generated by the trust, either the trust or the beneficiary(ies) will incur tax liability.

 

[by the way, youtube videos are fine for learning how to install a garage door opener or fix the flapper in your toilet tank but not so good for learning tax law]

What is the due date for someone to receive their schedule k1 estates and trusts from the organization managing the trust?

We have already submitted our taxes, paid our amount due and our return was received.

Today, in the mail I received a Form 1041 K-1 from my Aunts' Estate which was settled this last

year May 2022.  I am going to need to send in an amended return, by mail, with the attached forms

that I received in the mail, today, 4/19/23. In the form under Part III, line 11 A* the final year distributions

are 16,342. Do I simply amend the current return and attach this form? Thank you for an support or help you can give me on this matter. Cynthia J. Baker

[email address removed]

AmyC
Employee Tax Expert

What is the due date for someone to receive their schedule k1 estates and trusts from the organization managing the trust?

Once your original return is completely processed and money settled, then you can do the amended return and add the k-1. Estates can do extensions until mid September so this isn't surprising. You may even want to wait a little extra- in case they do a corrected form.

 

You should not need to mail the k-1 unless it has tax paid. The IRS has its own copy.

 

Save a copy of the return already filed before making any changes.

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