U.S. Income Tax Return for Estates and Trusts

Forms and Documents

Document Name	Status
Form 1041 U.S. Income Tax Return for Estates and Trusts Form	Unchanged
Form 1041-V Form 1041-V - Payment Voucher Form and Instruction	New
Form Schedule K-1 (Form Schedule K-1 - Beneficiary's Share of Income, Deductions, Credits, etc. Form and Instruction	Unchanged
Form Schedule J (Form 1 Schedule J - Accumulation Distribution for Certain Complex Trusts Form	Unchanged
Form Schedule I (Form 1 Schedule I - Alternative Minimum Tax - Estates and Trusts Form	Unchanged
Form Schedule D-1 (Form Schedule D-1 - Continuation Sheet for Schedule D (Form 1041) Form	Unchanged
Form Schedule D (Form 1 Schedule D - Capital Gains and Losses Form	Unchanged
Summary of Changes_1545-0092_DEC2010.doc Justification for No Material/Nonsubstantive Change	2010-12-08

IC Document Collections

IC ID	Document Title	Status
39501	U.S. Income Tax Return for Estates and Trusts Form	Unchanged
195271	Form 1041-V - Payment Voucher Form and Instruction	New
191288	Schedule K-1 - Beneficiary's Share of Income, Deductions, Credits, etc. Form and Instruction	Unchanged
191287	Schedule J - Accumulation Distribution for Certain Complex Trusts Form	Unchanged
191286	Schedule I - Alternative Minimum Tax - Estates and Trusts Form	Unchanged
191285	Schedule D-1 - Continuation Sheet for Schedule D (Form 1041) Form	Unchanged
191284	Schedule D Tax Worksheet (Sch. D Inst) Other-Worksheet	Unchanged
191283	Capital Loss Carryover Worksheet (Sch. D Inst) Other-Worksheet	Unchanged
191282	28% Rate Gain Worksheet (Sch. D Inst) Other-Worksheet	Unchanged
191281	Unrecaptured Section 1250 Gain Worksheet - (Sch. D Inst) Other-Worksheet	Unchanged
191280	Schedule D - Capital Gains and Losses Form	Unchanged
191279	Qualified Dividends Tax Worksheet Other-Worksheet	Unchanged
191278	Exemption Worksheet for Qualified Disability Trusts Only Other-Worksheet	Unchanged
191277	Qualified Mortgage Insurance Premiums Deduction Worksheet Other-Worksheet	Unchanged

ICR Details

OMB Control No: 1545-0092	ICR Reference No: 201011-1545-014
Status: Historical Active	Previous ICR Reference No: 201007-1545-060
Agency/Subagency: TREAS/IRS	Agency Tracking No:
Title: U.S. Income Tax Return for Estates and Trusts
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 02/17/2011
	Date Received in OIRA: 12/08/2010
Terms of Clearance: Short statement was revised to better address burden changes.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2013	09/30/2013	09/30/2013
Responses	11,513,150	0	10,513,150
Time Burden (Hours)	375,796,476	0	375,066,476
Cost Burden (Dollars)	0	0	0

---

Abstract: IRC section 6012 requires that an annual income tax return be filed for estates and trusts. Data is used to determine that the estates, trusts, and beneficiaries filed the proper returns and paid the correct tax. IRC section 59 requires the fiduciary to recompute the distributable net income on a minimum tax basis.

---

Authorizing Statute(s): US Code: 26 USC 59 Name of Law: Other definitions and special rules
   US Code: 26 USC 6012 Name of Law: Persons required to make returns of income
   US Code: 26 USC 641 Name of Law: Imposition of tax
   US Code: 26 USC 652 Name of Law: Inclusion of amounts in gross income of beneficiaries of trusts distributing current income only
   US Code: 26 USC 6103 Name of Law: Confidentiality and disclosure of returns and return information
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 10018	03/04/2010
30-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 44308	07/28/2010
Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 14

IC Title	Form No.	Form Name
Form 1041-V - Payment Voucher	1041-V	Payment Voucher
28% Rate Gain Worksheet (Sch. D Inst)
Unrecaptured Section 1250 Gain Worksheet - (Sch. D Inst)
Schedule D Tax Worksheet (Sch. D Inst)
Capital Loss Carryover Worksheet (Sch. D Inst)
Schedule D-1 - Continuation Sheet for Schedule D (Form 1041)	Schedule D-1 (Form 1041)	Continuation Sheet for Schedule D (Form 1041)
Schedule I - Alternative Minimum Tax - Estates and Trusts	Schedule I (Form 1041)	Alternative Minimum Tax - Estates and Trusts
Schedule J - Accumulation Distribution for Certain Complex Trusts	Schedule J (Form 1041)	Accumulation Distribution for Certain Complex Trusts
Schedule K-1 - Beneficiary's Share of Income, Deductions, Credits, etc.	Schedule K-1 (Form 1041)	Beneficiary's Share of Income, Deductions, Credits, etc.
U.S. Income Tax Return for Estates and Trusts	1041	U.S. Income Tax Return for Estates and Trusts
Qualified Mortgage Insurance Premiums Deduction Worksheet
Exemption Worksheet for Qualified Disability Trusts Only
Qualified Dividends Tax Worksheet
Schedule D - Capital Gains and Losses	Schedule D (Form 1041)	Capital Gains and Losses

---

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	11,513,150	10,513,150	0	1,000,000	0	0
Annual Time Burden (Hours)	375,796,476	375,066,476	0	730,000	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The fiduciary of a domestic decedent's estate, trust, or bankruptcy estate uses Form 1041 to report: The income, deductions, gains, losses, etc. of the estate or trust; The income that is either accumulated or held for future distribution or distributed currently to the beneficiaries; Any income tax liability of the estate or trust; and Employment taxes on wages paid to household employees. Form 1041-V has been created in response to an IRSAC suggestion. The Internal Revenue Service Advisory Council (IRSAC) provides an organized public forum for IRS officials and representatives of the public to discuss relevant tax administration issues. The council advises the Commissioner on issues that have a substantive effect on federal tax administration. The new payment voucher has been created to help process Form 1041 payments more accurately and efficiently. This will result in an increase in the estimated number of responses by 1,000,000 and 730,000 burden hours.

---

Annual Cost to Federal Government: $5,710,689

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

---

Common Form ICR:  No

---

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 12/08/2010

---