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Level 2
December 31, 2020
Solved

Irrevocable Trust

  • December 31, 2020
  • 1 reply
  • 1 view

My wife and I put our house in a irrevocable trust this year. I have used Turbo tax for self-employed for years to do my return. I am still working and there are no investments in the trust. Do I have to file a 1040 along with the 1041 ?

Best answer by Anonymous_

You can likely still use the optional method as outlined in the IRS publication (see the first link in my previous post) and you do not have to file at all if the threshold is not met (see the second link).

1 reply

Level 15
December 31, 2020

@pdquin52 wrote:

....there are no investments in the trust. Do I have to file a 1040 along with the 1041 ?


Probably not since it is most likely still a grantor trust and you did not apply for (and have) an EIN.

 

See https://www.irs.gov/instructions/i1041#idm140366310230464

 

 

There is also an income threshold before a trust is required to file a 1041.

 

See https://www.irs.gov/instructions/i1041#idm140366311406240

pdquin52Author
Level 2
December 31, 2020

I did apply for an EIN as per my lawyer

Level 15
December 31, 2020

You can likely still use the optional method as outlined in the IRS publication (see the first link in my previous post) and you do not have to file at all if the threshold is not met (see the second link).