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1041 and 1041A Trust returns

 

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Subject Author Date
1041 and 1041A Trust returns mich_b01 04-24-2008
Posted by removeps-groups@yahoo.com on April 25, 2008, 9:47 pm
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> On Apr 25, 9:21am, "removeps-gro...@yahoo.com" <removeps-

> > Is this for a living trust? If so, then a 1041 is due, but the
> > profits are reported on the taxpayers 1040, so 1041 will be all
> > blank.
>
> Not correct. A Living Trust is considered a "disregarded entity" by
> the IRS, and generally has no EIN and no requirement to file a 1041
> Fiduciary return. All income and expenses are reported on the owner's
> 1040 return.

I've seen a letter from the IRS aftet the paperwork was done and the
living trust was created, and it says a form 1041 is due by April 15,
2005. So then I was assuming that a 1041 is required. But the person
did not file the 1041, and nothing happened.

========================================= MODERATOR'S COMMENT:
Sounds as if someone took out an EIN for the living trust, an
unnecessary complication that probably generated the IRS notice

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Posted by Mark Bole on April 25, 2008, 10:18 pm
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removeps-groups@yahoo.com wrote:
[...]
> I've seen a letter from the IRS aftet the paperwork was done and the
> living trust was created, and it says a form 1041 is due by April 15,
> 2005. So then I was assuming that a 1041 is required. But the person
> did not file the 1041, and nothing happened.
>
> ========================================= MODERATOR'S COMMENT:
> Sounds as if someone took out an EIN for the living trust, an
> unnecessary complication that probably generated the IRS notice


Not the first time the instructions for Form SS-4 have been vague at
best. For a trust, they ask "what date was the entity created"? After
you learn the hard way, you know what to answer -- the date the trust
became irrevocable (typically, at death of the grantor).

-Mark Bole

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

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