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Late filing form 1041


BHoffman

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I have a trust return form 1041 to do.  Date of death was 06/13/16.  

I filed form 8855 to make an election to treat the trust as an estate so a fiscal year - first and final - return can be filed.  I also filed form 7004.

Do I have these date right?

Fiscal year is 06/01/16 - 05/31/17.

Due date without extension is 09/15/17.  

Due date with extension is 02/15/18.

I'm asking because the trust has income from a brokerage account.  The brokerage account was closed on 05/30/17.  Everything else was closed in 2016.

I have the 2016 consolidated forms 1099 and the 2017 monthly statements.  The thing is, I'd rather wait until the 2017 consolidated 1099 is issued than muck things up by trying to report a first and final 1041 and then have to go back and amend it if my calculations don't match the 1099.

The trust will not owe any tax.  Everything is distributed to the one beneficiary.  In fact, there was withholding from an annuity so there will be a refund and the trustee is keeping the bank account open until that's settled.  

If all else fails, I'm understanding that I can file the 1041 late without penalty if there is no tax due.  Right? 

BTW:  This is an Oklahoma trust, if that matters.

 

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I think your due date and extended dates are ok, however the fiscal year beginning date should be the DOD, not the 1st of the month. 

Sorry, I don't know about Oklahoma.

ETA - missed one of your questions, sorry! There is a penalty that can be assessed for failing to timely provide the K-1, even if the overall late filing penalty is -0- for the 1041 because of having no tax due. 

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