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Anne
Anne, Master Tax Preparer
Category: Tax
Satisfied Customers: 2355
Experience:  Enrolled Agent with 25 Years Experience specializing Individual and Small Businesses
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My uncle and aunt have a trust and both are dead my aunt

Customer Question

My uncle and aunt have a trust and both are dead my aunt died in 2013 and my uncle died in 2015. the trust is still valid and no distribution made. How do we file the 2015 trust return. Who we will issue the K-1 for ? there are dividends and capital gains on sale of stocks Please let me know
Thank you
Submitted: 8 months ago.
Category: Tax
Expert:  Anne replied 8 months ago.

HI

I'm Anne. I've been preparing taxes for 27 years, and I'll be happy to help you.

The executor of the estate is responsible for having the trust return (Form 1041) filed, along with the K1's that to the beneficiaries. Often this is done by the attorney that is handling the decedent's estate, but if there is no attorney, the executor can have the Trust return prepared by any competent CPA, Enrolled Agent, or tax preparer who is familiar with filing the Form 1041.

There are two options for handling he stocks that are currently being held in the Trust.

1- The estate can liquidate the stock, passing the money from the sale of the stock on to the beneficiaries.

2-The estate can transfer the stocks to the beneficiaries, and they can sell the stock at a later date. The transferring of the stocks is not a taxable event to the beneficiaries. It is only when they sell them that they must then pay tax on the gain.

Whether the tax is paid by the estate/trust, or by the beneficiaries when they actually sell the stocks, the cost basis that will be used to calculate the gain, the stocks are valued on the date of death, and not what the decedent paid for the stock originally.

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Customer: replied 8 months ago.
can the trust do the return for 2015 without transferring the stocks to the beneficiaries and pay the applicable taxes ?
Expert:  Anne replied 8 months ago.

Yes, absolutely. That way the beneficiaries receive the money tax free.

Expert:  Anne replied 8 months ago.

.