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Form 1041 is an Internal Revenue Service (IRS) income tax return filed by the trustee or representative of a decedent's estate or trust. The form consists of three pages, requiring basic information about the estate or trust and detailing its income and deductions.
Q: Do trusts have a requirement to file federal income tax returns? A: Trusts must file a Form 1041, U.S. Income Tax Return for Estates and Trusts, for each taxable year where the trust has $600 in income or the trust has a non-resident alien as a beneficiary.
A trust is not a separate taxable entity, but the trustee must lodge a tax return for the trust. Generally, the beneficiaries of the trust declare the amount of their entitlement to the trust's income in their own tax return. Then they pay tax on it, even if they didn't actually receive the income.
A trust needs to file a tax return if it has a gross income of $600 or more during the trust tax year or there is a nonresident alien beneficiary or if there is any taxable income.
INCOME TRUST DISTRIBUTIONS: RETURN OF CAPITAL Any portion of the distribution classified as return of capital is not taxable in the year of receipt. Taxation of this portion of the distribution is deferred until the units are ultimately sold.