Trust, estate, and gift tax

return preparation

  • trust & estate tax preparation

    The life of an estate begins from the date of a person's passing and continues until all the estate's assets have been distributed. Precision is key for the executor of an estate, as you're tasked with detailed bookkeeping of every income and expenditure the estate makes.

    There may be instances where beneficiaries receive parts of their inheritance before the estate completely closes, as laid out in the will. However, the rules guiding estate administration, especially concerning taxes, can be complex, requiring an executor to often spend two to three years for complete estate administration. During this time, all expenses related to the estate's administration should be handled from the estate's assets.

    Trusts also play a role in this process. Generally, a revocable trust doesn't require tax filing until it becomes irrevocable upon the grantor(s) passing. In contrast, irrevocable trusts must file taxes annually if they generate income over $600 per year.

    What about the decedent's income? All earnings before their passing is reported on their final Individual 1040 tax return, while the estate's earnings are reported on the Fiduciary 1041 return. Thus, for the year of death, two short-year tax returns are necessary: one for the decedent (Form 1040), and one for the estate (Form 1041). Every subsequent year, until all assets of the estate have been distributed and it's closed, a Form 1041 Fiduciary tax return is filed for the estate.

    The executor or administrator of an estate has the following tax-related responsibilities:

    Obtaining an Employer Identification Number (EIN), Filing necessary income and estate-tax returns, including: the estate's income tax return (both federal Form 1041 and state Form 541), the federal estate tax return (Form 706, if required), the state estate tax return (if required), and the decedent's final income tax returns (federal Form 1040 and state Form 540).

    Determining the value of the estate's assets (since estate taxes are based on the fair market value of the assets, a professional appraiser may be necessary).

    Managing an estate is complex, but understanding its key elements can make the journey more manageable. Whether you're an executor or a beneficiary, staying informed is your best strategy.

  • gift tax return

    The IRS imposes taxes not just on your income, but also on certain gifts you make. While the generosity of gift-giving is a wonderful thing, understanding the tax implications can help you plan better. Here’s a simple guide on the 709 Gift Tax Returns.

    What is Form 709?

    Form 709, officially known as the United States Gift (and Generation-Skipping Transfer) Tax Return, is the IRS document you use to report gifts that exceed the annual exclusion limit.

    When is Form 709 Needed?

    Typically, you must file a Form 709 if you gift someone more than the annual gift tax exclusion amount, which is $17,000 as of the last update in 2023. This means if you gift a friend, family member, or anyone else more than $17,000 in a year, you're expected to file this form.

    How Does Form 709 Work?

    You would use Form 709 to report the amount you gifted above the annual exclusion limit and calculate any gift tax owed. However, you may not actually owe any gift tax due to the lifetime exemption. As of 2023, the lifetime gift tax exemption is $12.92 million, which means you could potentially gift that amount over your lifetime without incurring the gift tax.

    Keep in mind, though, that this lifetime exemption is unified with the estate tax exemption. This means that any part of the gift tax exemption that you use during your lifetime will reduce the estate tax exemption available at your death.

    What Else Should You Know?

    It's important to note that the donor is responsible for paying the gift tax, not the recipient. Also, gifts between spouses are generally unlimited and tax-free, provided that the spouse is a U.S. citizen.

    When is the Deadline to File Form 709?

    Form 709 must be filed by April 15 of the year following the year in which the gift was made, similar to personal income tax returns.

    To sum up, while gift-giving is usually a straightforward act of kindness, high-value gifts can have tax implications. Being aware of these can help ensure you stay compliant with IRS rules while also planning your gifting strategies efficiently.