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How can trust estimated tax payments be allocated to beneficiaries?

Key takeaway

A trustee may elect under section 643(g) to allocate any portion of the trust’s estimated tax payments to beneficiaries. Make the election using Form 1041-T, filed on or before the 65th day after the trust’s tax year closes.

Can a decedent’s estate make the election?

A decedent’s estate may elect only for a taxable year reasonably expected to be its last. The filing period above applies, measured from the close of that year.

How filing and reporting work

Report each beneficiary’s allocation in Schedule K-1, box 13, code A. Attach Form 1041-T to Form 1041 only if Form 1041-T has not already been filed. Attaching it does not extend the election deadline.

Information to enter for each beneficiary

Form 1041-T requires each beneficiary’s name, address, taxpayer identification number, allocated amount and proration percentage. Use the appropriate taxpayer identification number, generally a Social Security number for an individual or an employer identification number for another entity. A joint return beneficiary’s spouse’s Social Security number is optional. Failure to enter a valid beneficiary Social Security number or employer identification number may delay processing and could result in penalties on the beneficiary.

Calculate each beneficiary’s proration percentage by dividing that beneficiary’s allocated amount by the total elected amount on line 1 and expressing the result as a percentage. When Form 1041-T is filed separately from Form 1041, the fiduciary or an officer representing the fiduciary must sign it. Follow the form’s location based mailing instructions under “Where To File.”

What if the deadline falls on a weekend or legal holiday?

If the filing deadline falls on a Saturday, Sunday or legal holiday, filing is timely on the next day that is none of those. Section 7503 determines the last day by including any authorized extension of time.

Legal holidays include District of Columbia legal holidays. For a document required to be filed at a federal office outside the District of Columbia but within an internal revenue district, statewide legal holidays in the state where that office is located also count.

What the election does to the trust’s payments

For a valid section 643(g) election, the allocated amount is removed from the trust’s estimated tax payments for federal tax administration purposes.

Copies and fiduciary records

Schedule K-1 reports a beneficiary’s share of trust or estate income, deductions and credits. Attach a copy of each beneficiary’s Schedule K-1 to Form 1041, give each beneficiary their respective copy, and retain a copy of each Schedule K-1 for the fiduciary’s records. See the grantor trust reporting answer below for the exception involving items attributable to an owner.

Reporting the elected amount as a distribution

When Form 1041-T is timely filed, the elected amount is treated as paid or credited to the beneficiary on the last day of that tax year. Include that amount on Form 1041, Schedule B, line 10, as an other amount paid, credited or required to be distributed.

For the separate questions of distribution deductions, distributable net income and beneficiary income inclusion, consult the income tax, basis and trust taxation guide.

What happens if the election is invalid?

A late election does not transfer estimated tax payments even when Schedule K-1 shows the allocation. An invalid election requires an amended Schedule K-1 for each beneficiary allocated an estimated tax payment under that election. The IRS disallows the allocated payment reported on Schedule K-1 and claimed on the beneficiary’s return if the fiduciary did not make a valid election.

Withholding has a separate limit

Withheld federal income tax generally cannot pass through to beneficiaries on either Schedule K-1 or Form 1041-T, except for backup withholding. Income tax withheld on wages cannot be distributed to a beneficiary.

Except to the extent regulations provide otherwise, section 643(d) applies to payments subject to backup withholding under section 3406 and credits allowable under section 31(c). The credit is allocated between the estate or trust and its beneficiaries according to their respective shares of the underlying payment taken into account under the trust income tax provisions. Each beneficiary’s allocated credit is treated as an amount paid to that beneficiary by the estate or trust, and the entity receives a deduction equal to the credit allocated to beneficiaries.

Sources

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