U.S. Income Tax Return for Estates and Trusts

Forms and Documents

Document Name	Status
Form 1041-V Form 1041-V - Payment Voucher Form and Instruction	Modified
Form Schedule I (Form 1 Schedule I - Alternative Minimum Tax - Estates and Trusts Form	Modified
Form Schedule D (Form 1 Schedule D - Capital Gains and Losses Form	Modified
1545-0092 Supporting Statement.docx Supporting Statement A	2023-08-17

IC Document Collections

IC ID	Document Title	Status
39501	U.S. Income Tax Return for Estates and Trusts Instruction	Modified
230333	FAQs for PL 115-97 Section 14103 Instruction	Removed
195271	Form 1041-V - Payment Voucher Form and Instruction	Modified
191288	Schedule K-1 - Beneficiary's Share of Income, Deductions, Credits, etc. Instruction	Modified
191287	Schedule J - Accumulation Distribution for Certain Complex Trusts Instruction	Modified
191286	Schedule I - Alternative Minimum Tax - Estates and Trusts Form	Modified
191284	Schedule D Tax Worksheet Other-Worksheet	Modified
191283	Capital Loss Carryover Worksheet Other-Worksheet	Modified
191282	28% Rate Gain Worksheet Other-Worksheet	Modified
191281	Unrecaptured Section 1250 Gain Worksheet Other-Worksheet	Modified
191280	Schedule D - Capital Gains and Losses Form	Modified
191279	Qualified Dividends Tax Worksheet Other-Worksheet	Modified
191277	Qualified Mortgage Insurance Premiums Deduction Worksheet Other-Worksheet	Removed

ICR Details

OMB Control No: 1545-0092	ICR Reference No: 202308-1545-008
Status: Received in OIRA	Previous ICR Reference No: 202203-1545-005
Agency/Subagency: TREAS/IRS	Agency Tracking No:
Title: U.S. Income Tax Return for Estates and Trusts
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 08/30/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved	08/31/2023
Responses	11,330,423	10,492,023
Time Burden (Hours)	356,948,857	333,541,340
Cost Burden (Dollars)	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 file the proper returns and paid the correct tax. The various schedules (Schedule D, I, J, and K-I) are used in the collection of information under the various authorizing statutes seen below (Legal Statutes). The worksheets are used to figure various taxes and deductions. Form 1041-V allows the Internal Revenue Service (IRS) to process the payment more accurately and efficiently. The IRS strongly encourages the use of Form 1041-V, but there is no penalty if it is not used.

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Authorizing Statute(s): US Code: 26 USC 662 Name of Law: Inclusion of amounts in gross income of beneficiaries of estates and trusts accumulating income or d
   US Code: 26 USC 55(a) Name of Law: Alternative Minimum Tax Imposed
   US Code: 26 USC 643(g) Name of Law: Definitions applicable to subparts A, B, C, and D; Certain payments of estimated tax treated as pai
   US Code: 26 USC 666 Name of Law: Accumulation distribution allocated to preceding years
   US Code: 26 USC 677 Name of Law: Income for benefit of grantor
   US Code: 26 USC 679 Name of Law: Foreign trusts having one or more United States beneficiaries
   US Code: 26 USC 6654 Name of Law: Failure by individual to pay estimated income tax; Addition to the Tax
   PL: Pub.L. 115 - 97 14103 Name of Law: Tax Cuts and Jobs Act
   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 6012 Name of Law: Persons required to make returns of income
   US Code: 26 USC 641 Name of Law: Imposition of tax
   US Code: 26 USC 671 Name of Law: Trust income, deductions, and credits attributable to grantors and others as substantial owners
   US Code: 26 USC 59 Name of Law: Other definitions and special rules
  

Citations for New Statutory Requirements: None

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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:
	88 FR 34565	05/30/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 60012	08/30/2023
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 11

IC Title	Form No.	Form Name
28% Rate Gain Worksheet
Capital Loss Carryover Worksheet
FAQs for PL 115-97 Section 14103
Form 1041-V - Payment Voucher	1041-V	Payment Voucher
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
Schedule I - Alternative Minimum Tax - Estates and Trusts	Schedule I (Form 1041)	Alternative Minimum Tax - Estates and Trusts
Schedule J - Accumulation Distribution for Certain Complex Trusts	Schedule J (Form 1041)	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, and Other Items
U.S. Income Tax Return for Estates and Trusts	1041	U.S. Income Tax Return for Estates and Trusts
Unrecaptured Section 1250 Gain Worksheet

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ICR Summary of Burden

	Total Request	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	11,330,423	10,492,023	0	-5,123	843,523	0
Annual Time Burden (Hours)	356,948,857	333,541,340	0	8,695,920	14,711,597	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: Miscellaneous Actions

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

Burden Reduction Due to: Miscellaneous Actions

Short Statement: The number of responses changed based on current filing data. This increases the number of responses by 843,523 and the burden hours by 14,711,597 due to Agency Estimate. Form 1041 was updated to remove obsolete credits, added a new elective payment election, and separate checkboxes and sublines for clarity. The “Mortgage Insurance Premiums Deduction Worksheet” and the “FAQs for PL 115-97 Section 14103” information collections are obsolete and were removed from the submission. This decreases the responses by 5,123 and increases the burden hours by 8,695,920 due to Agency Discretion.

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Annual Cost to Federal Government: $795,566

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

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

Is this ICR related to the Pandemic Response? No

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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: 08/30/2023

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