Sections 6011 & 6012 of the Internal Revenue Code (IRC) require entities to prepare and file estate and trust income tax returns. These forms and related schedules are used by estate and trust to report income and other compensation subject to tax as well as to report and disclosure taxes paid.
Treasury Regulations section 1.6011-1 explains that every person subject to any tax, or required to collect any tax, under Subtitle A of the Code, shall make such returns or statements as are required by the regulations. The return or statement shall include therein the information required by the applicable regulations or forms. Section 1.6012-3 explains the general guidelines for estates and trusts required to make returns of income.
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 671
Name of Law: Trust income, deductions, and credits attributable to grantors and others as substantial owners
US Code:
26 USC 59
Name of Law: Other definitions and special rules
PL:
Pub.L. 115 - 97 14103
Name of Law: Tax Cuts and Jobs Act
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 662
Name of Law: Inclusion of amounts in gross income of beneficiaries of estates and trusts accumulating income or d
US Code:
26 USC 55(a)
Name of Law: Alternative Minimum Tax Imposed
US Code:
26 USC 643(g)
Name of Law: Definitions applicable to subparts A, B, C, and D; Certain payments of estimated tax treated as pai
US Code:
26 USC 666
Name of Law: Accumulation distribution allocated to preceding years
US Code:
26 USC 677
Name of Law: Income for benefit of grantor
US Code:
26 USC 679
Name of Law: Foreign trusts having one or more United States beneficiaries
US Code:
26 USC 6654
Name of Law: Failure by individual to pay estimated income tax; Addition to the Tax
Form 5884, Form 5884-A, Form 6198, Form 6252, Form 6478, Form 6765, Form 6781, Form 5329, Form 7205, Form 7207, Form 7210, Form 7211 , Form 7213, Form 7217, Form 7218, Form 8082, Form 8275, Form 8275-R, Form 8453-FE, Form 8582, Form 8582-CR, Form 5713 Schedule C, Form 8586, Form 8954, Form 8609, Form 8609-A, Form 8611, Form 8621, Form 8697, Form 8801, Form 8820, Form 8824, Form 8825, Form 8826, Form 8829, Form 8830, Form 8833, Form 8835, Form 8933 Schedule E, 1041, 1041 Schedule D, 1041-ES OCR, 1041 Schedule I, 1041-A, 1041-ES, Form 1041-N, Form 1041-QFT, Form 1041-T, Form 1041-V, Form 172, Form 1040 Schedule C, Form 1040 Schedule E, Form 1040 Schedule F, Form 1040 Schedule H, Form 1045, Form 1065 Schedule D, Form 1065 Schedule K-2, Form 8838, Form 8838-P, Form 8844, Form 8845, Form 8846, Form 8855, Form 8858, Form 8858 Schedule M, Form 8864, Form 8865, Form 8865 Schedule G, Form 8865 Schedule H, Form 8865 Schedule K-1, Form 8865 Schedule K-2, Form 8865 Schedule K-3, Form 8865 Schedule O, Form 8865 Schedule P, Form 8873, Form 8879-F, Form 8881, Form 8882, Form 8886, Form 8903, Form 8904, Form 8908, Form 8910, Form 8911 Schedule A, Form 8912, Form 8918, Form 8932, Form 8933, Form 8933 Schedule A, Form 8933 Schedule B, Form 8933 Schedule C, Form 8933 Schedule D, Form 8933 Schedule F, Form 8936, Form 8936 Schedule A, Form 8941, Form 8949, Form 8978, Form 8978 Schedule A, Form 8990, Form 8992, Form 8992 Schedule A, Form 8994, Form 8995, Form 8995-A, Form 8995-A Schedule A, Form 8995-A Schedule B, Form 8995-A Schedule C, Form 8995-A Schedule D, Form 8997, Form T (Timber), 1041 Schedule J, 1041 Schedule K-1, Form 8896, Form 8866, Form 982, Form 8911, Form 8938, Form 8960, Form 461, Form 926, Form 965-A, Form 1116, Form 1116 Schedule B , Form 1116 Schedule C, Form 2210, Form 2210-F, Form 2439, Form 3115, Form 3468, Form 3800, Form 4136, Form 4225, Form 4652, Form 4684, Form 4797, Form 4952, Form 4970, Form 4972, Form 5227, Form 5471, Form 5471 Schedule E, Form 5471 Schedule G1, Form 5471 Schedule H, Form 5471 Schedule I-1, Form 5471 Schedule J, Form 5471 Schedule M, Form 5471 Schedule O, Form 5471 Schedule P, Form 5471 Schedule Q, Form 5471 Schedule R, Form 5713, Form 5713 Schedule B
The burden estimation methodology for trust and estate tax is being transitioned from the legacy Arthur D. Little (ADL) methodology to the IRS Taxpayer Burden Model. The changes discussed above result in a burden hour estimate of 31,900,000 hours, a decrease in total estimated time burden of 364,570,339 hours. The newly reported total out-of-pocket costs is $5,501,000,000 and total monetized burden is $7,573,000,000. The change related to the transition of the burden estimate from the legacy Arthur D. Little Model methodology to the RAAS Taxpayer Burden Model, is a one-time change. In addition, changes are being made to the form to be current with enacted legislation.
$11,560,305
No
Yes
Yes
No
No
No
No
Trene Cheek 240 613-5701 trene.d.cheek@irs.gov
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:
(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;
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.