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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
1545-0092
ICR Reference No:
202111-1545-019
Status:
Historical Inactive
Previous ICR Reference No:
201806-1545-014
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
OIRA Conclusion Action:
Comment filed on proposed rule and continue
Conclusion Date:
03/14/2022
Retrieve Notice of Action (NOA)
Date Received in OIRA:
02/02/2022
Terms of Clearance:
IRS will work with OIRA to enhance the granularity of the data similar to that which has been done for individual and corporate form families.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
05/31/2022
36 Months From Approved
07/31/2022
Responses
9,433,703
0
9,433,703
Time Burden (Hours)
307,844,800
0
307,844,800
Cost Burden (Dollars)
0
0
0
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 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. The FAQs posted to IRS.gov will assist taxpayers in fulfilling their filing obligations for 2017. In general, the collections of information in proposed §1.958-1(e) and proposed §1.964-1(c)(3) impose a burden on certain domestic trusts and estates to attach statements to their tax returns, or notify certain prescribed persons, of elections permitted by those regulations sections.
Authorizing Statute(s):
US Code:
26 USC 59(g)
Name of Law: Other definitions and special rules; Tax Benefit Rule
US Code:
26 USC 55(a)
Name of Law: Alternatiive Minimum Tax Imposed
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 662
Name of Law: Inclusion of amounts in gross income of beneficiaries of estates and trusts accumulating income or d
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(1)
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 951
Name of Law: Amounts included in gross income of United States shareholders
US Code:
26 USC 951A
Name of Law: Global intangible low-taxed income included in gross income of United States shareholders
Citations for New Statutory Requirements:
US Code: 26 USC 951 Name of Law: Amounts included in gross income of United States shareholders
US Code: 26 USC 951A Name of Law: Global intangible low-taxed income included in gross income of United States shareholders
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
1545-BP94
Proposed rulemaking
87 FR 3890
01/25/2022
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
16
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
FAQs for PL 115-97 Section 14103
Form 1041-V - Payment Voucher
1041-V, 1041-V
Payment Voucher
,
Payment Voucher
Proposed §1.958-1(e)(2)
Proposed §1.964-1(c)(3)
Qualified Dividends Tax Worksheet
Qualified Mortgage Insurance Premiums Deduction Worksheet
Schedule D - Capital Gains and Losses
Schedule D (Form 1041), Schedule D (Form 1041)
Capital Gains and Losses
,
Capital Gains and Losses
Schedule D Tax Worksheet (Sch. D Inst)
Schedule I - Alternative Minimum Tax - Estates and Trusts
Schedule I (Form 1041), Schedule I (Form 1041)
Alternative Minimum Tax - Estates and Trusts
,
Alternative Minimum Tax - Estates and Trusts
Schedule J - Accumulation Distribution for Certain Complex Trusts
Schedule J (Form 1041), Schedule J (Form 1041)
Accumulation Distribution for Certain Complex Trusts
,
Accumulation Distribution for Certain Complex Trusts
Schedule K-1 - Beneficiary's Share of Income, Deductions, Credits, etc.
Schedule K-1 (Form 1041), Schedule K-1 (Form 1041)
Beneficiary's Share of Income, Deductions, Credits, etc.
,
Beneficiary's Share of Income, Deductions, Credits, etc.
U.S. Income Tax Return for Estates and Trusts
1041, 1041
U.S. Income Tax Return for Estates and Trusts
,
U.S. Income Tax Return for Estates and Trusts
Unrecaptured Section 1250 Gain Worksheet - (Sch. D Inst)
Burden increases because of Program Change due to Agency Discretion:
No
Burden Increase Due to:
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
In general, the collections of information in proposed §1.958-1(e) and proposed §1.964-1(c)(3) impose a burden on certain domestic trusts and estates to attach statements to their tax returns, or notify certain prescribed persons, of elections permitted by those regulations sections. Proposed §1.958-1(e)(2), increased the number of responses by 725 and total burden hours by 725 hours (1 hour to comply). Proposed §1.964-1(c)(3) increased the number of responses by 1,700 and total burden hours by 3,400 (2 hours to comply). The overall burden for this collection of information has increased by 4,125 (from 307,844,800 to 307,848,925), with a total increase in responses of 2,425 (from 9,433,703 to 9,436,128).
Annual Cost to Federal Government:
$553,312
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
Agency Contact:
Kerry Dennis 202 927-9368 kerry.dennis@irs.gov
Common Form ICR:
No
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:
02/02/2022
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