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Level 5
March 4, 2021
Question

Estate Income Tax 1041 - Estate Income generates K1

  • March 4, 2021
  • 1 reply
  • 2 views

If an estate's investments make income - interest, dividends, gains - and the estate pays the income tax and no distributions to beneficiaries are made the same year,  are K1s generated for the beneficiaries.

 

My first accountant generated K1s for both beneficiaries with "No Reportable Income" on the top and no income entered.  Just the beneficiary name and ss#.

 

My new accountant says we need to generate K1s where all the estate income is split between the beneficiaries evenly even though they did not receive the money yet.

 

Who is correct?   If the first one is wrong we have some fixing to do!

 

1 reply

AmyC
Level 15
March 4, 2021

You do not report income on a k-1 until it is distributed. The 1041 has a place to mark if the money was undistributed. Money can sit in the estate for years while assets are sold. You do have a fiduciary duty to wrap things up as quickly as possible and get the money distributed.

 

The lawyer will want the final paperwork signed and will be dangling that distribution check to get things wrapped up.

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MatildaAuthor
Level 5
March 4, 2021

I had it all set up to not include any income on K1s due to no distributions.   Then my cpa told me otherwise. I guess I will go back to him and figure out what to do.

 

And - I do understand my fiduciary responsibility and I would love to have this all done.   The lawyer is in no hurry and all agree that this estate is very complicated.  I'm doing the best I can.

 

Thank you

Level 9
March 4, 2021

You will want to distribute out the income from the estate at least annually so it is not taxed at the compressed trust and estate tax rates.  Work with the lawyer but making partial distributions will carry out the estate income and it will be taxed at the individual beneficiaries rates, which are much lower than the trust tax rates.