California Form 541-A - Trust Accumulation Of Charitable Amounts - 2013 Page 3
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3Instructions for Form 541-A
Trust Accumulation of Charitable Amounts
References in these instructions are to the Internal Revenue Code (IRC) as of January 1, 2009, and to the California Revenue and Taxation Code (R&TC) .
General Information
A split-interest trust is a trust which:
If the “Yes” box is checked, the fiduciary is
authorizing the FTB to call the paid preparer
• Is not exempt from taxation under
In general, for taxable years beginning on or
to answer any questions that may arise during
R&TC Section 23701d .
after January 1, 2010, California law conforms
the processing of its tax return . The fiduciary is
• Has some of the unexpired interests devoted
to the Internal Revenue Code (IRC) as of
also authorizing the paid preparer to:
to one or more charitable purposes as
January 1, 2009 . However, there are continuing
described in IRC Section 170(c) .
• Give the FTB any information that is missing
differences between California and federal
• Has amounts in trust for which a charitable
from the tax return .
law . When California conforms to federal tax
contributions deduction was allowed under
• Call the FTB for information about the
law changes, we do not always adopt all of
the R&TC . Pooled income funds, IRC
processing of the tax return or the status of
the changes made at the federal level . For
Section 642(c)(5); charitable remainder
any related refund or payments .
more information, go to ftb.ca.gov and search
annuity trusts, IRC Section 664(d)(1); and
• Respond to certain FTB notices about math
for conformity . Additional information can
remainder unitrusts, IRC Section 664(d)(2)
errors, offsets, and tax return preparation .
be found in FTB Pub . 1001, Supplemental
are split-interest trusts .
Guidelines to California Adjustments, the
The fiduciary is not authorizing the paid
Simple trusts which received a letter from the
preparer to receive any refund check, bind
instructions for California Schedule CA (540 or
Franchise Tax Board (FTB) granting exemption
the trust to anything (including any additional
540NR), and the Business Entity tax booklets .
from tax under R&TC Section 23701d
tax liability), or otherwise represent the trust
The instructions provided with California tax
are considered to be corporations for tax
before the FTB .
forms are a summary of California tax law
purposes . The trust may be required to file
The authorization will automatically end no
and are only intended to aid taxpayers in
Form 199, California Exempt Organization
preparing their state income tax returns . We
later than the due date (without regard to
Annual Information Return .
include information that is most useful to the
extensions) for filing the trust’s 2014 tax
Nonexempt charitable trusts, described in IRC
return . If the trust wants to expand the paid
greatest number of taxpayers in the limited
Section 4947(a)(1), must file Form 199 .
preparer’s authorization, get form FTB 3520,
space available . It is not possible to include
all requirements of the California Revenue
Power of Attorney Declaration for the Franchise
C When to File
and Taxation Code (R&TC) in the tax booklets .
Tax Board . If the trust wants to revoke the
authorization before it ends, notify the FTB in
Taxpayers should not consider the tax booklets
File Form 541-A on or before April 15, 2014 .
writing or call 800 .852 .5711 .
as authoritative law .
If you need additional time to file, California
grants an automatic six-month extension . If
A Purpose
the tax return is filed by October 15, 2014, the
Specific Instructions
Use Form 541-A, Trust Accumulation of
extension will apply .
Charitable Amounts, to report a charitable or
Private Mail Box (PMB)
D Where to File
other deduction under IRC Section 642(c) .
Include the PMB in the address field . Write the
“PMB” first, then the box number .
Mail Form 541-A to:
Split-interest trusts described in IRC
Example: 111 Main Street PMB 123 .
Section 4947(a)(2) do not file Form 541-A .
FRANCHISE TAX BOARD
Form 541-B, Charitable Remainder and Pooled
PO BOX 942840
Part II and Part III
Income Trusts, meets R&TC Section 18635
SACRAMENTO CA 94240-0001
Attach a statement describing in detail the
filing requirements for split-interest trusts . For
Do not attach to Form 541 .
purpose for which charitable disbursements
more information on split-interest trusts, get
were made from income set aside in prior
Form 541-B .
E Internet Access
taxable years and amounts which were paid
You can download, view, and print California
B Who Must File
out of principal for charitable purposes .
tax forms and publications at ftb.ca.gov .
Examples of appropriate descriptions are:
A trustee must file a calendar year Form 541-A
F Signatures
for a trust that claims a charitable or other
• Payments for nursing service .
deduction under IRC Section 642(c) . Do not
• Laboratory construction .
The fiduciary or officer representing the
file Form 541-A if the following exceptions
• Fellowships .
fiduciary must sign Form 541-A . Any person
apply:
• Assistance to indigent families (not simply
preparing the fiduciary’s tax return for
• The trustee is required by the terms of the
charitable, educational, religious, or
compensation, who is not a regular full-time
governing instrument and applicable local
scientific) .
employee of the fiduciary, must also sign
law to currently distribute all of the income .
Form 541-A .
Part IV
• The trust is a charitable trust described in
Third Party Designee
IRC Section 4947(a)(1) .
Complete the balance sheets using the
If the fiduciary wants to allow the FTB to
• The trust is a split-interest trust described in
accounting method the trust uses in keeping
discuss its 2013 tax return with the paid
IRC Section 4947(a)(2) .
its books and records .
preparer who signed it, check the “Yes” box
A charitable trust is a trust which:
All filers must complete columns (a) and (b) .
in the signature area of the tax return . This
• Is not exempt from taxation under R&TC
authorization applies only to the individual
Section 23701d .
whose signature appears in the “Paid
• Has all the unexpired interests devoted
Preparer’s Use Only” section of the tax return .
to charitable purposes described in IRC
It does not apply to the firm, if any, shown in
Section 170(c) .
that section .
• Had a charitable contribution deduction
allowed for all the unexpired interests under
the R&TC .
Form 541-A Instructions 2013
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