Fillable Form 41 - Oregon Fiduciary Income Tax Return

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

starting October 1, 2010, and ending September 30, 2011.

Form 41 is due by January 15, 2012. Mail the return to:

istration in Oregon.

• 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

Signature. The fiduciary or officer representing the fiduciary

funeral home or cemetery to provide services or merchan-

must sign the return and provide the fiduciary’s telephone

dise in Oregon.

number.

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

Accounting period. The accounting period must be the same

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

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

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

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

one who signs the return.

Accounting method. The accounting method must be the

Other returns required of fiduciaries. File the final applicable

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

Oregon Individual Income Tax return (Form 40, 40S, 40N, or

changed, adjustments must be made to avoid duplication

40P) for a deceased taxpayer’s last tax year, the year of death.

or omission of income and deductions.

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

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

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

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

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

tive explanation with your reason for amending, a complete

petent person, missing person, or conservatee, an Oregon

copy of the amended federal Form 1041, and all supporting

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

documents.

now deceased failed to file a prior year individual income tax

Unused loss carryovers. IRC sections 172 and 1212 apply to

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

an estate or trust and the beneficiaries. Attach a copy of the

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

federal loss carryover schedule to Form 41.

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

Income taxable to the grantor or substantial owner. Any

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

part of trust income taxable to the grantor or another person

Information Copy.” Usually no Oregon report or copy is

under IRC sections 671 through 678 isn’t taxed on a fiduciary

required if the only federal returns are Form 990 (exempt

return. However, the income information must be shown

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

on a statement attached to Form 1041. Attach a statement

4720 (certain charities).

to Form 41 showing Oregon additions and subtractions to

federal taxable income. If the grantor trust is exempt from fil-

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

ing Form 1041 under IRC regulation 1.671-4, it’s also exempt

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

from filing Form 41 (OAR 150-316.382).

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

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

Returns for estates and complex trusts. On Oregon Form 41,

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

lines 1 through 7, allocate the income and Oregon modifi-

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

cations between the estate or trust and the beneficiary if an

column B.

authorized distribution was made or required during the tax

year. The fiduciary must provide the beneficiary with income

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

distribution and Oregon fiduciary adjustment information

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

on federal Form 1041, Schedule K-1. Attach a copy of each

organization year end is December 31, 2011. Your original

K-1 to Form 41. See instructions for line 6.

due date for Form 990-T is May 15, 2012. At the top of Form

Transferee. The money and property of a taxpayer who has

41 write, “Original due date May 15, 2012.”

died passes to a person, estate or trust, called the transferee.

Bankruptcy estates. Your return will consist of Oregon forms

The transferee may be liable for the obligations and liabilities

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

of the deceased person. The liability includes tax, interest,

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

and penalty. The transferee’s liability is limited to the value

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

of the property acquired from the decedent (ORS 314.310).

your written request to the bottom half of Form 41, page 1.

Extension of time for filing

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

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

For tax returns due on or after January 1, 2009, the extension

required to file on a calendar year.

of time to file a fiduciary tax return is five months.

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

If you need more time to file, send your payment and Form

returns filing for the 2011 calendar year are due by April 17.

41-V (Oregon Fiduciary Tax Payment Voucher) to: Oregon

The 2012 date change is because of a Federal holiday. Estate

Department of Revenue, PO Box 14110, Salem OR 97309-0910.

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

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

When you make a payment, consider the 41-V payment

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

voucher as your extension request. If you are not making

150-101-041 (Rev. 10-11)

Form 41 - Oregon Fiduciary Income Tax Return - 2011 Page 2

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