When you’re administering an estate or trust, you may have to prepare a seemingly endless array of tax returns. The following table lists some of the most popular ones. Check with your accountant or attorney if you have any questions.
| Federal Tax Form Number and Name | When It’s Required | When It’s Due |
|---|---|---|
| Form 1040 U.S. Individual Income Tax Return |
When the decedent had income prior to death that hasn’t been reported. | April 15 following the year of death; automatic 6-month extension of time to file provided Form 4868 is filed on or before April 15. Form 4868 doesn’t need to be filed if no tax is due; the extension is automatic. |
| Form 1041 U.S. Income Tax Return for Estates and Trusts |
When the estate or trust receives income earned. | 3-1/2 months after the year-end of the estate or trust; most trusts are required to use a December 31 year end, but estates may elect a fiscal year, provided the first fiscal year ends no later than 11 full months after the date of death. |
| Form 706 United States Estate (and Generation-Skipping Transfer) Tax Return |
For estates with assets more than a certain amount. Even though not every estate with assets over that amount will have an estate tax, those estates are still required to file. | 9 months after date of death; due date may be extended by 6 additional months for cause. |
| Form 709 United States Gift (and Generation-Skipping Transfer) Tax Return |
Generally, if the decedent gave gifts to someone (other than his or her spouse) totaling more than $14,000 in calendar year 2013, or if the decedent was splitting gifts with a surviving spouse who made the gifts, and the gifts haven’t yet been reported. | April 15 of the year following the year the gift was made. Automatic 6-month extension of time to file provided Form 4868 is filed on or before April 15 for taxpayer’s Form 1040. |
| Form 1310 Statement of Person Claiming Refund Due a Deceased Person |
If a tax refund is due a decedent on his or her Form 1040 (whether final or any prior year), but he or she has no surviving spouse or court-appointed representative, the person requesting the refund must complete and file Form 1310. | File together with the related tax return. If claiming a refund for a prior year for which a tax return has already been filed, send as soon as possible to the IRS Service Center where the original return was filed. |
| Form SS-4 Application for Employer Identification Number |
For any trust or estate that will maintain bank or brokerage accounts, or to whom anyone who makes a payment may be required to issue either a Form 1099 or a Form W-2. | Immediate prior to opening any accounts for estate or trust. You can apply online at www.irs.gov. |
| Form 1099-MISC | To report payments in any amount to attorneys, or of $600 or more to accountants, trustees, or any non-corporate entity to whom the estate or trust paid compensation. | Send copy to recipient no later than January 31 of the year following the tax year involved. Copy should be filed with the IRS by February 28 (if filing on paper, and accompanied by Form 1096), or by March 31 if filing electronically. |