Fillable Form 41 - Oregon Fiduciary Income Tax Return

Oregon 2012

Form 41 and Instructions

Fiduciary Income Tax

This publication is a guide, not a complete statement, of Oregon Revised Statutes (ORS) or Oregon Department of Revenue

Administrative Rules (OAR). Go to for ORS and OAR cites.

Estates and trusts are not required to make estimated tax

Reminders

payments to Oregon. Your full payment is due on the origi-

nal due date of the tax return; do not include your five-

Do you need a new FEIN (federal employee identification

month extension period.

number)?

Federal election. Oregon accepts the federal election made

Estates

by the executor of an estate and the trustee of a qualified

You are required to obtain a new FEIN if any of the follow-

revocable trust to treat the trust as part of the estate. Internal

ing statements are true:

Revenue Code (IRC) section 645.

• A trust is created with funds from the estate (not simply a

If you made this election for your federal return, check the

continuation of the estate).

“A Trust Filing as an Estate” box on Form 41, row A, and fill

• You represent an estate that operates a business after the

in the date of death. Attach a copy of the required federal

owner’s death.

Form 8855, Election to Treat a Qualified Revocable Trust as Part

of an Estate.

You are not required to obtain a new FEIN if the following

statement is true:

Confirmation of mailing. We cannot respond to requests

for receipt of returns, extensions, or payments. If you want

• The administrator, personal representative, or executor

verification that your envelope reached us, send it by certi-

changes.

fied mail.

Trusts

Change of name or address. It is important, if you change the

You are required to obtain a new FEIN if any of the follow-

name or address of your trust or estate, to check the appro-

ing statements are true:

priate box(es) on Form 41, page 1.

• One person is the grantor/maker of many trusts. Each

Deferral of gain. Did you file federal Form 8824 because you

trust must have its own FEIN.

are deferring gain on exchanged property? If so, check the

• A trust changes to an estate.

box on the front of Form 41, “Form 24 is attached.” Then

• A living or inter vivos trust changes to a testamentary

complete and attach Oregon Form 24 to the return.

trust.

In the year that the gain is finally recognized for federal pur-

• A revocable trust changes to an irrevocable trust.

poses, you will need to file a return and report the portion

• A living trust terminates by distributing its property to a

of the gain that is subject to Oregon taxation.

residual trust.

Capital gain on liquidated farm assets. A reduced tax rate

You are not required to obtain a new FEIN if any of the fol-

is available if you sold or exchanged capital assets used in

lowing statements are true:

farming activities. The sale or exchange must represent a

• The trustee changes.

substantially complete termination of a farming business you

• The grantor or beneficiary changes their name or address.

own. The sale cannot be to a family member. See instructions

for line 25 (ORS 316.045).

Note: If you need a new FEIN, please apply for one with the

IRS by using Federal Form SS-4. For more information about

a FEIN, see IRS Publication 1635, Understanding Your EIN,

Contents

available on the IRS website at

Reminders ........................................................................1

Extension of time to file. Oregon accepts the same automatic

Filing requirements .........................................................2

extension of time to file allowed by the Internal Revenue

Residency definitions ......................................................2

Service (IRS). The automatic extension of time to file is five

Extension of time for filing ............................................3

months. If you timely applied to the IRS for the five-month

Form 41 instructions ......................................................3

automatic extension to file, check the “Extension to file” box

Schedule 1—Oregon changes ......................................5

on your 2012 Form 41.

Schedule 2—Fiduciary adjustment ............................5

Part-year resident and nonresident fiduciaries ...........6

Payment. Mail completed 41-V, Oregon Fiduciary Tax

Oregon source income ....................................................6

Payment Voucher and check or money order to:

How to assemble the return ...........................................6

Oregon Department of Revenue

Taxpayer assistance .........................................................7

PO Box 14110

Form 41 .............................................................................8

Salem OR 97309-0910

150-101-041 (Rev. 10-12)

Form 41 - Oregon Fiduciary Income Tax Return - 2012

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