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TN Form 1041-A: What You Should Know
Questions and Answers about the U.S. Estate Tax 1.1 Are there any rules that the federal estate tax law imposes on individuals who have made a will which provides for a separate distribution from the deceased individuals' estate? Yes. Federal law prohibits the estate from taking any distributions on behalf of a decedent which (a) would constitute an unconstitutional delegation of power to a surviving spouse, (b) would cause the estate to incur a loss of income for any taxable period, or (c) would affect the equitable distribution of the decedent's property from the estate. 1.2 May a taxpayer provide for a separate distribution from the deceased's estate from its own funds (cash, stocks, bonds, etc). This is generally to avoid the estate tax. 2.2 May a person be a “designated beneficiary” if the person's distribution from a trust would subject the estate to the estate tax? No. Under current law, a person is not a “designated beneficiary” of a trust if the person's income from the trust results from the trust.2 A beneficiary, therefore, is a person who, with no economic interest in the property of which the trust is the beneficiaries, receives an economic benefit from using the trust to acquire its assets through the granter's death. It does not matter whether the person was personally or through the organization designated as the designated beneficiary. See Form 2353. 2.3 May I request a copy of a particular form, such as Form 1041? No, you must first request the forms from the Internal Revenue Service. The IRS has determined that it will not provide copies of forms to the public. You can request copies from the appropriate office.2 3.1 I am a U.S. citizen living abroad and wish to report a U.S. taxpayer on Form 1040, U.S. Income Tax Return for Estates and Trusts. What documentation should I submit? You cannot request a copy of Form 1040, unless you first request a copy of Form 1120, U.S. Individual Income Tax Return for Estates and Trusts, from the U.S. Department of the Treasury. This information is not available online. It can be obtained by visiting the U.S. Department of Treasury's website at .
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