topic Filing form 1041 in Get your taxes done using TurboTax

Filing form 1041

saminac — Wed, 11 Feb 2026 10:07:54 GMT

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

Re: Filing form 1041

Bsch4477 — Fri, 19 Jul 2024 15:55:20 GMT

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.

Re: Filing form 1041

M-MTax — Fri, 19 Jul 2024 15:56:25 GMT

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.

Re: Filing form 1041

M-MTax — Fri, 19 Jul 2024 15:57:52 GMT

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.

Re: Filing form 1041

saminac — Fri, 19 Jul 2024 16:06:18 GMT

it was revocable trust not irrevocable trust

Thanks

Sammy

Re: Filing form 1041

M-MTax — Fri, 19 Jul 2024 16:55:06 GMT

it was revocable trust not irrevocable trust

Right. So the taxpayer got the letter because the EIN application said the trust began in 2014 when it should have said it began May 27th of 2024....the date of the passing. Pretty common mistake.