U.S. Income Tax Return for Estates and Trusts

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form Form 1041 U.S. Income Tax Return for Estates and Trusts	Form	Modified	Available
Form Schedule K-1 (Form Beneficiary's Share of Income, Deductions, Credits, etc.	Form and Instruction	New	Available
Form Schedule J (Form 1 Schedule J - Accumulation Distribution for Certain Complex Trusts	Form and Instruction	New	Available
Form Schedule I (Form 1 Schedule I - Alternative Minimum Tax - Estates and Trusts	Form	New	Available
Form Schedule D-1 (Form Continuation Sheet for Schedule D (Form 1041)	Form	New	Available
Form Schedule D (Form 1 Capital Gains and Losses	Form	New	Available
2009 Summary of Changes.pdf	Justification for No Material/Nonsubstantive Change	Uploaded 2009-11-17	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
39501	U.S. Income Tax Return for Estates and Trusts	Instruction	Modified
39501	U.S. Income Tax Return for Estates and Trusts	Form	Modified	U.S. Income Tax Return for Estates and Trusts
191288	Schedule K-1 - Beneficiary's Share of Income, Deductions, Credits, etc.	Form and Instruction	New	Beneficiary's Share of Income, Deductions, Credits, etc.
191287	Schedule J - Accumulation Distribution for Certain Complex Trusts	Form and Instruction	New	Schedule J - Accumulation Distribution for Certain Complex Trusts
191286	Schedule I - Alternative Minimum Tax - Estates and Trusts	Instruction	New
191286	Schedule I - Alternative Minimum Tax - Estates and Trusts	Form	New	Schedule I - Alternative Minimum Tax - Estates and Trusts
191285	Schedule D-1 - Continuation Sheet for Schedule D (Form 1041)	Form	New	Continuation Sheet for Schedule D (Form 1041)
191284	Schedule D Tax Worksheet (Sch. D Inst)	Other-Worksheet	New
191283	Capital Loss Carryover Worksheet (Sch. D Inst)	Other-Worksheet	New
191282	28% Rate Gain Worksheet (Sch. D Inst)	Other-Worksheet	New
191281	Unrecaptured Section 1250 Gain Worksheet - (Sch. D Inst)	Other-Worksheet	New
191280	Schedule D - Capital Gains and Losses	Instruction	New
191280	Schedule D - Capital Gains and Losses	Form	New	Capital Gains and Losses
191279	Qualified Dividends Tax Worksheet	Other-Worksheet	New
191278	Exemption Worksheet for Qualified Disability Trusts Only	Other-Worksheet	New
191277	Qualified Mortgage Insurance Premiums Deduction Worksheet	Other-Worksheet	New

ICR Details

OMB Control No: 1545-0092	ICR Reference No: 200911-1545-017
Status: Historical Active	Previous ICR Reference No: 200711-1545-016
Agency/Subagency: TREAS/IRS	Agency Tracking No:
Title: U.S. Income Tax Return for Estates and Trusts
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 11/23/2009
Retrieve Notice of Action (NOA)	Date Received in OIRA: 11/18/2009
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2010	07/31/2010	07/31/2010
Responses	10,513,150	0	8,744,150
Time Burden (Hours)	375,066,476	0	446,272,566
Cost Burden (Dollars)	0	0	0

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Abstract: 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.

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Authorizing Statute(s): 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
  

Citations for New Statutory Requirements: PL: Pub.L. 109 - 222 102 Name of Law: Tax Increase Prevention and Reconciliation Act 0f 2005

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	72 FR 3483	01/25/2007
30-day Notice:	Federal Register Citation:	Citation Date:
	72 FR 18513	04/12/2007
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 13

table that charts list of burden

IC Title	Form No.	Form Name
28% Rate Gain Worksheet (Sch. D Inst)
Capital Loss Carryover Worksheet (Sch. D Inst)
Exemption Worksheet for Qualified Disability Trusts Only
Qualified Dividends Tax Worksheet
Qualified Mortgage Insurance Premiums Deduction Worksheet
Schedule D - Capital Gains and Losses	Schedule D (Form 1041)	Capital Gains and Losses
Schedule D Tax Worksheet (Sch. D Inst)
Schedule D-1 - Continuation Sheet for Schedule D (Form 1041)	Schedule D-1 (Form 1041)	Continuation Sheet for Schedule D (Form 1041)
Schedule I - Alternative Minimum Tax - Estates and Trusts	Schedule I (Form 1041)	Schedule I - Alternative Minimum Tax - Estates and Trusts
Schedule J - Accumulation Distribution for Certain Complex Trusts	Schedule J (Form 1041)	Schedule J - Accumulation Distribution for Certain Complex Trusts
Schedule K-1 - Beneficiary's Share of Income, Deductions, Credits, etc.	Schedule K-1 (Form 1041)	Beneficiary's Share of Income, Deductions, Credits, etc.
U.S. Income Tax Return for Estates and Trusts	Form 1041	U.S. Income Tax Return for Estates and Trusts
Unrecaptured Section 1250 Gain Worksheet - (Sch. D Inst)

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ICR Summary of Burden

table that charts list of burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	10,513,150	8,744,150	0	0	1,769,000	0
Annual Time Burden (Hours)	375,066,476	446,272,566	-65,497,680	-5,694,610	-13,800	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Changing Forms

Short Statement: The fiduciary of a domestic decedent’s 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.

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Annual Cost to Federal Government: $5,710,689

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 11/18/2009

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