Form It-41 (State Form 11458) - Fiduciary Income Tax Return Page 5
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12or other payments made for services provided in Indiana
If composite filing is not chosen, then the beneficiary should
by a financial institution if the person was prohibited from
report the income, calculate the tax, and claim credit for any
being hired as an employee because the person was an
tax withheld from a WH-18 Withholding Statement on her
unauthorized alien. This addback requirement does not apply
IT-40PNR Part-year or Nonresident Individual Income Tax
to payments made for services provided to a business that was
Return. The withholding requirements would still apply to the
enrolled and participated in the E-Verify program (as defined
fiduciary as the withholding agent.
in IC 22-5-1.7-3) during the time the taxpayer conducted
business in Indiana in the taxable year.
Any beneficiary that is a fiduciary (trust or estate) or a resident
individual must be excluded from the composite schedule. All
U.S. Government Obligations Expenses
beneficiaries must be subject to the same tax treatment.
Deductions allocable to tax-exempt income must be used
Although composite filing is optional for trusts or estates, the
only against tax-exempt income. Therefore, if interest in U.S.
limitations, conditions, and procedures are basically the same
government obligations is excludable on the Indiana Fiduciary
as those outlined in Information Bulletin #72, “S Corporation
Return, expenses related to such tax-exempt income must be
and Partnership Mandate to File a Composite Return on Behalf
added back to taxable income for Indiana purposes.
of Nonresident Shareholders and Partners. ”
AMENDED RETURN
Basic Composite Filing Procedures
An amended return must be filed to report changes to an
1. Composite Schedule – Prepare a basic schedule for
originally filed IT-41. Use Form IT-41 and check the Amended
each nonresident beneficiary. Indicate the name,
Return box on the front of the return. Please enclose a
address, Social Security number, distributive share
complete copy of the amended federal return, if applicable,
amount of income derived from sources within
and a brief statement of the reason for the amendment.
Indiana, and calculated tax attributable for each
nonresident beneficiary. Enclose this schedule with
If the amendment results in a refund, you must put any
Form IT-41.
previous payments made with the originally filed return
on Line 14, Other Credits, and claim the refund of the
2.
Tax Liability – On Form IT-41, Line 11, enter the
overpayment amount on Line 20, Refund Due. If you received
combined total tax liability from the composite
a refund from your original return, you may enter the amount
schedule of those nonresidents included in the
as a negative figure (using a dash, as in -$1000 for example) on
composite return.
this line to make the amended calculations accurate.
3.
ENCLOSURES
Withholding Requirements – Based on the
provisions in Indiana Code 6-3-4-15, withholding is
It is very important that you provide supporting
required when a trust or estate (fiduciary) distributes
documentation for income, deductions, and credits claimed
Indiana income (except income attributable to
on Form IT-41. If you are claiming a refund, please enclose
interest or dividends) to a non-Indiana resident
a complete copy of the federal 1041 Form. If you are not
beneficiary. The withholding agent must report the
claiming a refund, you may enclose (at least) the first 2 pages
net income and tax withheld from this income on
of the federal 1041 Form, along with any pertinent schedules
Form WH-18, Indiana Miscellaneous Withholding
such as the federal Schedule K-1 or verification of deductions
Tax Statement for Nonresidents. A copy of each
or credits claimed on the Indiana return.
WH-18 statement must be enclosed with the
composite return.
Indiana does not have its own Indiana IT-41 Schedule K-1. If
there are beneficiaries, please provide copies of the federal
Recent legislation has resulted in some changes for
1041 Schedule K-1s so the Department can verify income,
withholding agents and their forms and procedures,
deductions, and credits.
including the use of INtax for online filing. The various
withholding forms used are
If you are claiming credit for Indiana taxes withheld, you must
enclose a withholding statement (W-2, 1099R, or WH-18) so
•
Form BT-1 Business Tax Application – This
we can verify that payments have been made for the trust or
is used to register as an Indiana withholding
estate in an Indiana withholding account.
agent and to get an assigned Indiana
taxpayer identification number (TID). The
COMPOSITE RETURN FOR NONRESIDENT
BT-1 form can be completed online at
BENEFICIARIES
https://secure.in.gov/apps/dor/bt1/.
Composite filing is an option, not a requirement, at the
•
Form WH-1 Indiana Withholding Tax
fiduciary level. If there are nonresident beneficiaries whose
Voucher – This is used to make a payment
only Indiana-source income is from the trust or estate, you
through the INtax program.
may choose to file a composite fiduciary income tax return.
•
Form WH-3 Annual Withholding Tax Form –
The individual nonresident beneficiaries will be relieved of the
This is the annual reconciliation form and
obligation to file the IT-40 Part-year or Nonresident Individual
summarizes the yearly activity.
Income Tax Return.
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