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Form 1041-A IN: What You Should Know

If a trust cannot use Form 1041-A for a tax year for which Form 1041-A is required, the trustees must file a complete Form 1023 on behalf of the trust for any taxable year for which it's required to file for that purpose. The Trustee should be certain of the amount in trust funds that must be reported. (3) Form 1023-L. As a fiduciary, the fiduciary of the trust must file a complete Form 1023-L in trust for the trust that includes a description of the trust's transactions, the trustee's statement, and the summary of the trust's tax consequences provided with the Form 1023-L. It is the fiduciary's responsibility to ensure that the Form 1023-L is complete, complete, and accurate on the date it is filed with the IRS. The fiduciary has one year after filing the trust's Form 1023-L to file or furnish a complete Form 1023-L to any person with respect to whom the fiduciary becomes aware of failure to pay any tax to the IRS for the year covered by the Form 1023-L. The term “Fiduciary” does not include an individual who participates in a trust of any individual (i.e., if no fiduciary exists on behalf of the trust). However, the fiduciary can elect to report the income, gain, loss, or deduction associated with the taxable year if the income, gain, loss, or deduction was not treated as income, gain, loss, or deduction for that taxable year because the taxpayer was a bona fide trustee of the trust and the trust income and gain and loss and deduction are reported to you as part of that trust's tax return. Report the income, gain, loss, or deduction associated with that tax year on Form 1099, Part I. How to prepare and attach Form 1023-L. The fiduciary must attach Form 1023-L to the trust's required Form 1023 within three years of the end of the year covered by the Form 1023-L unless the Form 1023-L is amended during that time period to reflect new facts or circumstances. The filing period for the Form 1023-L is measured from the date the trust becomes aware of any new facts or circumstances.

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