Instructions For Form 41 - Oregon Fiduciary Income Tax

If Form 5227 or Form 1041-A is required for federal income

Filing requirements

tax, file a copy of that form with the Oregon Department of

Revenue. Do not attach a Form 41. Mark the copy “Oregon

A fiduciary return must be filed for:

Information Copy.” Usually no Oregon report or copy is

• Resident estates or trusts required to file a federal Form

required if the only federal returns are Form 990 (exempt

1041 or 990-T.

organizations), Form 990-PF (private foundations), or Form

• All estates and trusts upon termination to report the final

4720 (certain charities).

distribution to beneficiaries.

If a federal Form 990-T is filed, also file Oregon Form 41

• Ancillary Oregon estates with federal gross income of $600

for your trust. If you file Form 990-T and you’re a corpora-

or more for the tax year.

tion, file Oregon Form 20. Don’t complete Form 41, lines 1,

• Nonresident estates with federal gross income of $600 or

2, 5, 5a, and 6. From Form 990-T, enter any unrelated busi-

more from Oregon sources for the tax year.

ness taxable income on Form 41, line 23, and the fiduciary

• All estates that want to establish a fiscal tax year, even if

adjustment on line 5b. Also complete Form 41, Schedule 1,

the estate had less than $600 of federal gross income for

column B.

the tax year.

• Part-year resident trusts with federal gross income of $600

Is your original due date for Form 990-T the 15th day of the

or more from Oregon sources for the tax year.

5th month after the end of your tax year? Example: Your

• Nonresident trusts with federal gross income of $600 or

organization year end is December 31, 2014. Your original

more from Oregon sources for the tax year.

due date for Form 990-T is May 15, 2015. At the top of Form

41 write, “Original due date May 15, 2015.”

Residency definitions

Bankruptcy estates. Your return will consist of Oregon forms

41 and 40, and copies of your federal forms 1041 and 1040.

• Estates. An estate is an Oregon resident if the personal

Oregon Form 41 is used only as a transmittal for Form 40.

representative is appointed by an Oregon court, or if the

If you request a prompt determination (aka: rapid audit),

estate administration is in Oregon. All other estates are

attach your written request to the bottom half of Form 41,

nonresidents. An estate cannot be a part-year resident.

page 1.

• Trusts. A trust is a resident if the trustee is an Oregon resi-

Period covered by the return. The return must be for the

dent or if the trust administration is in Oregon. If there are

same tax year used for filing the federal return. Trusts are

several trustees and one is an Oregon resident, the trust is

required to file on a calendar year.

an Oregon resident trust. A trust can be a part-year resi-

dent if a trustee moves in or out of Oregon during the tax

When and where to file the return. All trust and estate returns

year. See part-year resident instructions.

filing for the 2014 calendar year are due by April 15. Estate

returns for other tax periods, fiscal year or short period, are

• If a trustee is a corporate fiduciary engaged in interstate

due by the 15th day of the fourth month following the close

trust administration, the trust is an Oregon resident only

of the estate’s year. Example: Your estate is on a fiscal year

if the trustee conducts the major part of the trust’s admin-

starting June 1, 2014, and ending May 31, 2015. The 2014

istration in Oregon.

Form 41 is due by September 15, 2015. Mail the return to:

• Funeral trust. A resident funeral trust is a qualified funeral

Oregon Department of Revenue

trust (QFT) that has the meaning given in IRC section 685.

PO Box 14110

A resident funeral trust is required to be established under

Salem OR 97309-0910

the law of this state, or is established by contract, for the

funeral home or cemetery to provide services or merchan-

Signature. The fiduciary or officer representing the fiduciary

dise in Oregon.

must sign the return and provide the fiduciary’s telephone

number.

Name of fiduciary. Enter the name and address of the execu-

tor or trustee in the space marked “Name of Fiduciary.” If

Accounting period. The accounting period must be the same

there are co-fiduciaries, enter the name and address of the

as for federal income tax purposes. Show the same account-

one who signs the return.

ing period on your Form 41-V and your Form 41.

Other returns required of fiduciaries. File the final applicable

Accounting method. The accounting method must be the

Oregon Individual Income Tax return (Form 40, 40N, or 40P)

same as for federal income tax purposes. If the method is

for a deceased taxpayer’s last tax year, the year of death. If

changed, adjustments must be made to avoid duplication

a federal Form 1040NR is required for a nonresident ben-

or omission of income and deductions.

eficiary, an Oregon nonresident return (Form 40N) may be

Amended return. If you need to amend your tax return, use

required. If a federal return is required for a minor, incom-

the Form 41 for the specific tax year. Attach a complete narra-

petent person, missing person, or conservatee, an Oregon

tive explanation with your reason for amending, a complete

return must be filed. If a person who is incompetent or is

now deceased failed to file a prior year individual income tax

copy of the amended federal Form 1041, and all supporting

return as required, the trustee is required to file the return.

documents.

150-101-041 (Rev. 10-14)

Instructions For Form 41 - Oregon Fiduciary Income Tax - 2014 Page 2

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