Form It-41 - Fiduciary Income Tax Return Page 6

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RETURN INDICATOR
Tax forms are also available at any of our district offices through-
out the state of Indiana. These offices are open Monday – Friday
Please check the appropriate box to indicate if this is the First
from 8:00 a.m. to 4:30 p.m. To find the nearest district office,
Return, Final Return, or Amended Return. Also, indicate by
check out the list at
checking the box if there is a change in the Fiduciary Name or
Address and if there are any Schedule K-1’s attached.
LOSSES OR NEGATIVE ENTRIES
ROUNDING TO THE NEAREST WHOLE DOLLAR
Use negative sign (dash) before any losses or negative entries.
Example:
-100 indicates a loss of $100.
When making your mathematical calculations on the return, you
may choose to round your numbers to the nearest whole dollar.
To do so, drop any cents less than 50 cents and increase amounts
NAME AND ADDRESS
from 50 cents to 99 cents to the nearest whole dollar. For ex-
Carefully enter the name of estate or trust, name and title of Fiduciary,
ample: $100.32 would be $100.00. $100.65 would be $101.00.
and complete address (as they appear on the Federal Form 1041).
SIGNATURE
NONBUSINESS INCOME
The IT-41 Form must be signed by the Fiduciary (Trustee, Execu-
Income received from Indiana sources is considered Indiana
tor, Personal Representative, etc.) to be considered a valid return.
income to nonresidents, except certain types of Indiana source
income that are subject to tax only by the taxpayer’s state of legal
TAXABLE YEAR
residence. Interest, dividends, royalties and gains from the sale
The taxable year shall be the calendar or fiscal taxable year of
of capital assets are subject to tax only by the taxpayer’s state of
the taxpayer as shown on Form 1041, US Income Tax Return for
legal residence unless such income results from the conduct of a
Estates and Trusts.
trade or business in Indiana. If a trade or business is conducted
in Indiana, the income should be reported as Indiana income.
Income from a qualified pension, annuity, or profit sharing plan
WHEN TO FILE
is subject to tax by the taxpayer’s state of legal residence. Lump
This return must be filed by the 15th day of the 4th month fol-
sum distributions from qualified plans are subject to tax by the
lowing the close of the taxable year. For retirement plans filing
state that, at the time of distribution, is the taxpayer’s state of
Federal Form 990T, the return must be filed by the 15th day of
legal residence. Deferred compensation other than from a quali-
the 5th month following the close of the taxable year.
fied retirement plan, accumulated vacation, bonus, severance,
sick pay, and income from a stock option plan are directly attrib-
WHERE TO FILE
utable to services performed, and are taxable by the state where
the services were performed.
Returns With Payment
Indiana Department of Revenue
Fiduciary Section
PRIOR-YEAR RETURNS
PO Box 6192
When filing a return for a previous year, make certain to indi-
Indianapolis, IN 46206-6192
cate the appropriate year ending date on the IT-41. There are no
separate returns for filing for a previous year.
All Other Returns
Indiana Department of Revenue
RESIDENCY DETERMINATIONS
Fiduciary Section
PO Box 6079
For purposes of filing the Indiana Fiduciary Income Tax Return,
Indianapolis, IN 46206-6079
estates and trusts are classified as either resident or nonresident.
For Indiana purposes, the residence of an estate or trust is
determined by the place where it is administered. Therefore,
WHO MUST FILE
you must determine where the trustee or personal representative
A fiduciary is a trustee of a trust, or an executor, executrix,
is located and where the records are kept for the trust or estate.
administrator, administratrix, personal representative, or person
in possession of property of a decedent’s estate. The fiduciary is
Resident estates or trusts are taxable on all income from all
responsible for filing this return.
sources regardless of where it is earned. Therefore, resident fidu-
ciaries must report all income wherever derived.
WITHHOLDING REQUIREMENTS
Trusts and estates must withhold Indiana adjusted gross income
Nonresident estates and trusts are taxable in Indiana on all income
tax from certain payments or credits of income to nonresidents.
derived from Indiana sources. Income derived from sources
The withholding agent must report the net income and tax with-
within and without Indiana shall be determined under IC 6-3-2-2.
held from this income on Form WH-18, Indiana Miscellaneous
Nonresident estates and trusts must adjust federal taxable income
Withholding Tax Statement for Nonresidents.
(or loss) to reflect taxable income allocable to Indiana.
4

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