IRC section 6012 requires that an annual income tax return be filed for estates and trusts. Data is used to determine that the estates, trusts, and beneficiaries filed the proper returns and paid the correct tax. IRC section 59 requires the fiduciary to recompute the distributable net income on a minimum tax basis.
US Code:
26 USC 6012
Name of Law: Persons required to make returns of income
US Code:
26 USC 59
Name of Law: Other definitions and special rules
US Code:
26 USC 641
Name of Law: Imposition of tax
US Code:
26 USC 652
Name of Law: Inclusion of amounts in gross income of beneficiaries of trusts distributing current income only
US Code:
26 USC 6103
Name of Law: Confidentiality and disclosure of returns and return information
PL: Pub.L. 109 - 222 102 Name of Law: Tax Increase Prevention and Reconciliation Act 0f 2005
The fiduciary of a domestic decedentÂs estate, trust, or bankruptcy estate uses Form 1041 to report:
 The income, deductions, gains, losses, etc. of the estate or trust;
 The income that is either accumulated or held for future distribution or distributed currently to the beneficiaries;
 Any income tax liability of the estate or trust; and
 Employment taxes on wages paid to household employees.
Form 1041 - Beginning with the 2008 revision, the instructions for Schedule D, Capital Gains and Losses, and Schedule I, Alternative Minimum Tax--Estates and Trusts, were removed from the Instructions for Form 1041 and made into separate freestanding products. We also deleted old line 27 from Schedule D, Part V and old line 69 from Schedule I to reflect the reduction in capital gains rates from 5% to 0% under IRC section 1(h)(1)(B), as a result of P.L. 108-27, the Jobs And Growth Tax Relief Reconciliation Act Of 2003. The filing requirements for Schedule D or Schedule I did not change. Both forms are still required to be filed as attachments to Form 1041 if the filing requirements are met. The affect on burden associated with these statutory requirements is a total burden decrease of 65,497,680 hours.
Additionally, beginning with the 2008 revision, Schedule I was removed from Form 1041 and made into a freestanding Schedule. This and other changes were made as a result of agency discretion in order to expedite delivery of Form 1041 and its instructions to the public. Including the Schedules and their Instructions in the 1041 product has led to print delays in the past, so this change resulted in quicker release of the products. The affect on burden of these changes result in a total burden decrease of 5,694,610 hours.
As a result of various changes throughout the forms and schedules the total burden has been reduced by 71,192,290 hours. Changes to the method and reporting of the burden into the OMB database system, have resulted in an estimated number of responses by 1,769,000 and a total burden decrease of 13,800 hours.
$5,710,689
No
No
Uncollected
Uncollected
No
Uncollected
Jason Langley 2026224366
Reginfo record details
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Form Form 1041 U.S. Income Tax Return for Estates and Trusts
2009 Summary of Changes.pdf
U.S. Income Tax Return for Estates and Trusts