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Level 2
posted Mar 10, 2023 9:23:25 PM

Re: Where do I enter my 1099-R on my 1041 estate trust return...

What if it is a 1035 exchange reported on 1099R? I see no place to put it where it is not counted as income.

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1 Best answer
Level 15
Mar 15, 2023 6:37:45 AM

 

 

7 Replies
Level 15
Mar 11, 2023 6:40:45 AM

Alumni
Mar 11, 2023 8:26:24 AM

On your Form 1099-R does BOX 7 have the entry "6"  meaning a tax-free exchange of one of 3 types of insurance or annuity?

The three examples of a 1035 exchange:

  • Annuity to Annuity
  • Life Insurance to Life Insurance
  • Life Insurance Cash Value to Annuity

If so, entering that "6" as you report the Form 1099-R should result in no taxable amount.

 

Section 1035 exchange. A tax-free section 1035 

exchange is the exchange of (a) a life insurance contract for


another life insurance contract, or for an endowment or 

annuity contract, or for a qualified long-term care insurance


contract; or (b) a contract of endowment insurance for 

another contract of endowment insurance that provides for


regular payments to begin no later than they would have 

begun under the old contract, or for an annuity contract, or for


a qualified long-term care insurance contract; or (c) an 

annuity contract for an annuity contract or for a qualified


long-term care insurance contract; or (d) a qualified 

long-term care insurance contract for a qualified long-term


care insurance contract. A contract shall not fail to be treated 

as an annuity contract or as a life insurance contract solely


because a qualified long-term care insurance contract is a 

part of or a rider on such contract. However, the distribution


of other property or the cancellation of a contract loan at the 

time of the exchange may be taxable and reportable on a


separate Form 1099-R. 

These exchanges of contracts are generally reportable on 

Form 1099-R. However, reporting on Form 1099-R is not 

required if (a) the exchange occurs within the same


company; (b) the exchange is solely a contract for contract 

exchange, as defined above, that does not result in a


designated distribution; and (c) the company maintains 

adequate records of the policyholder's basis in the contracts.


For example, a life insurance contract issued by Company X 

received in exchange solely for another life insurance


contract previously issued by Company X does not have to 

be reported on Form 1099-R as long as the company


maintains the required records.Regulations under section 6050Y provide that a section 1035 exchange constitutes a reportable policy sale in limitedcircumstances. Death benefits paid by reason of the death of the insured under the life insurance contract issued in suchcircumstances are reportable death benefits that must be reported on Form 1099-R.

Level 15
Mar 11, 2023 10:18:41 AM

Level 2
Mar 13, 2023 2:24:20 PM

This works on a 1040, but NOT on a 1041 TRUST TAX RETURN.

Level 15
Mar 13, 2023 3:11:54 PM


Expert Alumni
Mar 15, 2023 6:07:09 AM

To provide further clarification, you will enter this income in your trust account by going to federal taxes>income>other income and loss. In the description Box, type in 1099R and then the amount. See screenshot below.

 

Level 15
Mar 15, 2023 6:37:45 AM