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Lucy Taylor

Deadline for filing trust tax return (Form 1041) and final tax return for deceased parent?

I'm completely lost trying to figure out tax deadlines as a first-time executor. My mother passed away in February 2022, and her trust became irrevocable after her death. She placed our family home in the trust, which is now the only asset. I'm planning to sell the house under the trust's name soon. Before she died, we never filed a trust tax return since there was no income generated. Now with tax season approaching, I'm confused about several things: 1. For my mom's final individual tax return, is the deadline still April 15th like everyone else? 2. The trust had zero income in 2022, but we'll have income from selling the house in 2023. When exactly do I need to file the trust tax return (Form 1041)? Is it right after we sell the house? By April 15th next year? Or only after all income gets distributed to the beneficiaries? I'm the only beneficiary if that matters. Any guidance would be really appreciated because I'm trying to do everything correctly and not miss any deadlines.

Connor Murphy

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For your mom's final individual tax return, yes, the deadline is still April 15th (or the next business day if it falls on a weekend). As the executor, you'll file Form 1040 for the period from January 1, 2022, until her date of death in February 2022. For the trust tax return (Form 1041), you'll need to file it for any tax year in which the trust has $600 or more in income OR has a non-resident alien beneficiary. Based on what you've shared, you wouldn't need to file for 2022 since there was no income. For 2023, you'll need to file by April 15, 2024 (or the trust's fiscal year deadline if you chose a different tax year). The sale of the house will likely generate capital gains that must be reported on the trust's Form 1041. However, depending on how long your mother lived in the house before her death, you might qualify for an exclusion of up to $250,000 of gain under the primary residence exclusion.

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Lucy Taylor

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Thank you for the clear explanation! Just to make sure I understand - even though my mom died in February 2022, I don't need to file anything for the trust itself for 2022 since there was no income that year? Also, how do I determine if there's a gain when we sell? The house was worth about $380,000 when she died and we're hoping to sell for $410,000. Does the trust use the value at her death as the "cost basis"?

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Connor Murphy

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You're correct - if the trust had no income in 2022, you don't need to file a Form 1041 for the trust for that year. The trust will get a "stepped-up basis" to the fair market value of the house on the date of your mother's death. So if the house was worth $380,000 when she passed away, that becomes the new cost basis. If you sell for $410,000, the taxable gain would be $30,000 ($410,000 - $380,000). Make sure you have documentation of the home's value at the time of death - an appraisal would be ideal.

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KhalilStar

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Did you find it handled the trust tax filing specifically? I'm in a similar situation but with rental properties in the trust, and I'm confused about how to handle the income reporting between the final personal return and the trust return.

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Kaiya Rivera

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I'm a bit skeptical about these online services. How exactly does it work with something as complicated as trust taxation? Did you still need to consult with a tax professional afterward or were you able to handle everything yourself?

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KhalilStar

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It handled the trust taxation really well! The system specifically addressed how to allocate income between final personal returns and trust returns, including providing the specific lines on Form 1041 where rental income should be reported. This would definitely help with your rental property situation. I was planning to hire a tax attorney initially, but after using taxr.ai I felt confident enough to file everything myself. The step-by-step guidance was extremely clear, and they provided references to the specific IRS publications that applied to my situation. I did have one complex question about distributing assets, so I used their expert chat feature, but otherwise managed everything independently.

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I feel your pain on the executor confusion. When I was handling my uncle's estate last year, I couldn't get through to the IRS for specific guidance on trust tax filings. After spending HOURS on hold multiple times, I found https://claimyr.com which got me connected to an actual IRS representative in about 15 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c The IRS agent I spoke with walked me through the exact filing requirements for the Form 1041 and explained how to properly report the sale of property held in trust. They also clarified that I needed to obtain an EIN for the trust before filing anything, which I had no idea about!

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Lucy Taylor

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Wait, do I definitely need to get an EIN for the trust? The trust was created years ago but never had its own tax ID since there was never any income. Now that I'll be selling the house, do I need to get one before the sale?

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Noah Irving

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Yes, you'll need to get an EIN for the trust before filing the Form 1041. Since the trust became irrevocable upon your mother's death and will now have income from the house sale, an EIN is required. You can get one online through the IRS website - it takes about 15 minutes and you'll receive the EIN immediately. The service uses a legitimate call technology that navigates the IRS phone system and holds your place in line. When an agent is about to be available, you get a call connecting you directly to them. The person is absolutely a real IRS employee - they ask all the same verification questions and can access your records just like if you'd waited on hold yourself. I understand the skepticism with all the scams out there, but this is just a time-saving service, not someone pretending to be the IRS.

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Noah Irving

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I was incredibly skeptical about Claimyr when I first heard about it, but I was desperate after trying to reach the IRS for three weeks straight about my late mother's trust. I finally gave in and tried https://claimyr.com, fully expecting it to be a waste of money. I'm still shocked at how well it worked. Within 20 minutes, I was talking to an actual IRS representative who specialized in trust taxation. They confirmed exactly when I needed to file both the final 1040 and the trust's 1041, and explained how the income from selling trust assets needed to be reported. What's more, they helped me sort out a mistake on my mother's previous year's return that could have triggered an audit. For anyone dealing with complex estate or trust tax situations, being able to actually speak with the IRS directly is invaluable. I wish I'd known about this service months ago!

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Vanessa Chang

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One thing to consider is whether the trust qualifies as a Simple Trust or a Complex Trust - this affects your filing requirements. A Simple Trust requires ALL income to be distributed to beneficiaries annually and doesn't allow distributions from principal. In this case, the income from selling the house would flow through to beneficiaries. A Complex Trust can accumulate income, make discretionary distributions, or distribute principal. Most family trusts are Complex Trusts. The terms of your mother's trust document will determine which type it is, and this affects how the income from the house sale is taxed - either on your personal return or the trust's return.

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Lucy Taylor

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Thanks for bringing this up! The trust document says something about discretionary distributions being allowed, so I guess that makes it a Complex Trust? If that's the case, does the trust itself pay taxes on the gains from the house sale even if I immediately distribute all the money to myself as the beneficiary?

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Vanessa Chang

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Yes, if the trust allows for discretionary distributions, it's classified as a Complex Trust for tax purposes. If you distribute all the proceeds from the house sale to yourself in the same tax year, the trust can generally take a distribution deduction on its Form 1041. This effectively shifts the tax burden from the trust to you as the beneficiary. You'll receive a Schedule K-1 from the trust showing your share of income, and you'll report this on your personal tax return. This is often advantageous because trusts reach the highest tax bracket much faster than individuals. For 2023, trusts hit the top tax rate of 37% at just $14,450 of income, whereas an individual doesn't reach that rate until over $578,000 (for single filers).

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Madison King

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Don't forget about state tax returns! Depending on your state, you may need to file a state tax return for the trust as well. Some states have different filing thresholds than the federal $600 income requirement. Also, if the property has appreciated significantly since your mother purchased it, the stepped-up basis provision is HUGELY beneficial. The basis becomes the fair market value at date of death, which could save tens of thousands in capital gains taxes.

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Julian Paolo

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Excellent point about state returns. I learned this the hard way when I got a penalty notice from our state tax authority. They had a $400 income threshold for trust filings while the federal was $600.

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