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Level 2
July 19, 2024
Question

Filing form 1041

  • July 19, 2024
  • 2 replies
  • 18 views

Taxpayer had irrevocable trust since 2014. She was alive and she passed away May-27-2024. at this time we requested (as a trustee) EIN from IRS. letter tells me  that we did not  file form 1041 since 2014. I thought we need to file 1041 after taxpayer passed away.. Tax payer was filing form 1040 since 2014. Need help

Thanks

Sammy

    2 replies

    Level 15
    July 19, 2024

    An irrevocable trust is a separate legal entity requiring the filing of form 1041 if income is produced.  This is as opposed to a living or revocable trust. 

    M-MTax
    Level 15
    July 19, 2024

    An irrevocable trust is a separate legal entity requiring the filing of form 1041 if income is produced.

    Not necessarily. An irrevocable trust can also be a grantor trust disregarded in whole or in part for federal income tax purposes.

    M-MTax
    Level 15
    July 19, 2024

    at this time we requested (as a trustee) EIN from IRS.

    And if you requested an EIN for the trust as anything other than a grantor trust, that's why you got the letter. Either that or you said the trust was established in 2014.....it wasn't.....the trust became a non-grantor trust and needed an EIN when the taxpayer passed.