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Userid: CPM Schema: Leadpct: 100% Pt. size: 9.5 Draft Ok to Print instrx AH XSL/XML Fileid: … ions/I1041/2020/A/XML/Cycle03/source (Init. & Date) _______ Page 1 of 51 8:37 - 22-Jan-2021 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Department of the Treasury 2020 Internal Revenue Service Instructions for Form 1041 and Schedules A, B, G, J, and K-1 U.S. Income Tax Return for Estates and Trusts Section references are to the Internal Revenue Contents Page tax year of the NOL. Taxpayers may Code unless otherwise noted. Schedule B—Income Distribution elect to waive the carryback period for Contents Page Deduction ............... 29 NOLs arising in those years. To elect to What's New ..................1 Schedule G—Tax Computation waive the carryback period for an NOL and Payments ............ 30 arising in a tax year beginning in 2018 or Reminders ...................2 Net Investment Income Tax ....... 35 2019, attach a statement electing the Photographs of Missing Children ....2 Other Information ............. 36 carryback waiver to your return for the Unresolved Tax Issues ...........2 Schedule J (Form 1041) — first tax year ending after March 27, How To Get Forms and Accumulation Distribution for 2020. The attached statement must Publications ...............3 Certain Complex Trusts ...... 37 General Instructions .............3 indicate each tax year that you are Schedule K-1 (Form 1041)— making a carryback waiver. For more Purpose of Form ...............3 Beneficiary's Share of information see Rev. Proc. 2020-24. If Income Taxation of Trusts and Income, Deductions, Credits, Decedents' Estates ..........3 etc. ................... 40 you incurred an NOL in a tax year Abusive Trust Arrangements .......3 Index ..................... 51 beginning in 2018 or 2019, you can file Definitions ...................3 an amended Form 1041 to carryback Who Must File ................4 Future Developments the NOL. See Pub. 536, Net Operating Losses (NOLs) for Individuals, Estates, Electronic Filing ...............8 For the latest information about and Trusts, for more information. When To File .................8 developments related to Form 1041 and Period Covered ...............8 Schedules A, B, G, J, K-1 and its Business interest deduction. The Where To File .................8 instructions, such as legislation enacted business interest expense limitation of Who Must Sign ................8 after they were published, go to section 163(j) increased from 30% to Accounting Methods ............9 IRS.gov/Form1041. 50% of adjustable taxable income for Accounting Periods .............9 tax year 2020, and retroactively for Rounding Off to Whole Dollars ......9 What's New 2019. Every taxpayer who deducts Estimated Tax ................9 business interest is required to file Form Excess deductions on termination. 8990, Limitation on Business Interest Interest and Penalties ........... 10 Under Final Regulations - TD9918, each Other Forms That May Be Expense Under Section 163(j), unless Required ................ 11 excess deduction on termination of an an exception for filing is met. For more estate or trust retains its separate Additional Information .......... 12 information, see Form 8990 and its character as an amount allowed in Assembly and Attachments ....... 12 instructions. arriving at adjusted gross income, a Special Reporting Instructions ..... 13 non-miscellaneous itemized deduction, Excess business loss limitation. The Specific Instructions ............ 17 or a miscellaneous itemized deduction. excess business loss limitation of Name of Estate or Trust ......... 17 Box 11, code A, was revised to read noncorporate taxpayers (Form 461) has Name and Title of Fiduciary ....... 17 Excess deductions–Section 67(e) been repealed for 2020, and Address ................... 17 expenses and a new Box 11, code B, retroactively for 2018 and 2019. If you A. Type of Entity .............. 17 Excess deductions–Non-miscellaneous filed a 2018 or 2019 return with the B. Number of Schedules K-1 itemized deductions was added. limitation, you can file an amended Attached ................ 18 Form 1041. C. Employer Identification See Box 11, Code A—Excess Number ................. 18 Deductions on Termination-Section Qualified sick and family leave cred- D. Date Entity Created .......... 18 67(e) Expenses and Box 11, Code its. Two new lines have been added to E. Nonexempt Charitable and B—Excess Deductions on Termination - Schedule G, Part II, of Form 1041 to Split-Interest Trusts ......... 18 Non-Miscellaneous Itemized report the qualified sick and family leave F. Initial Return, Amended Return, Deductions later, for more information. credits: line 17, Refundable credit for etc. ................... 19 qualified sick and family leave, and Net operating loss (NOL) carryback. G. Section 645 Election ......... 19 line 18, Deferral. The Coronavirus Aid, Relief, and Income .................... 19 Economic Security Act (CARES Act, New employee retention credit. The Deductions ................. 21 P.L. 116-136) amended section 172 to CARES Act allows a new employee Limitations on Deductions ........ 22 allow a carryback of any net operating retention credit for qualified wages. Any Tax and Payments ............. 27 loss (NOL) arising in a tax year qualified wages for which an eligible Schedule A—Charitable Deduction ............... 28 beginning after 2017 and before 2021 to employer claims against payroll taxes each of the 5 tax years preceding the for the new employee retention credit Jan 22, 2021 Cat. No. 11372D Page 2 of 51 Fileid: … ions/I1041/2020/A/XML/Cycle03/source 8:37 - 22-Jan-2021 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. may not be taken into account for $10,000. The deduction for foreign real bring these children home by looking at purposes of determining certain other property taxes is no longer allowed. See the photographs and calling credits. Line 11—Taxes, later. 1-800-THE-LOST (1-800-843-5678) if you recognize a child. Capital gains and qualified divi- Credit for paid family and medical dends. For tax year 2020, the 20% leave. Eligible employers may qualify maximum capital gains rate applies to for a credit for wages paid to qualifying Unresolved Tax Issues estates and trusts with income above employees on family and medical leave. If you have attempted to deal with an $13,150. The 0% and 15% rates apply See section 45S. Also see Form 8994 IRS problem unsuccessfully, you should to certain threshold amounts. The 0% and its instructions. contact the Taxpayer Advocate Service rate applies to amounts up to $2,650. (TAS). The Taxpayer Advocate Extension of time to file. The The 15% rate applies to amounts over independently represents the estate's or extension of time to file an estate (other $2,650 and up to $13,150. trust's interests and concerns within the than a bankruptcy estate) or trust return IRS by protecting its rights and resolving Bankruptcy estate filing threshold. is 51/2 months. problems that have not been fixed For tax year 2020, the requirement to Item A. Type of Entity. On page 1 of through normal channels. file a return for a bankruptcy estate Form 1041, Item A, taxpayers should applies only if gross income is at least While Taxpayer Advocates can't select more than one box, when $12,400. change the tax law or make a technical appropriate, to reflect the type of entity. tax decision, they can clear up problems Qualified disability trust. For tax year Item F. Net operating loss (NOL) car- that resulted from previous contacts and 2020, a qualified disability trust can ryback. If an amended return is filed for ensure that the estate's or trust's case is claim an exemption of up to $4,300. an NOL carryback, check the box in given a complete and impartial review. This amount is not subject to phaseout. Item F Net operating loss carryback. The estate's or trust's assigned Reminders See Amended Return, later, for personal advocate will listen to its point complete information. of view and will work with the estate or • Review a copy of the will or trust Item G. Section 645 election. If the trust to address its concerns. The estate instrument, including any amendments or trust can expect the advocate to or codicils, before preparing an estate's estate has made a section 645 election the executor must check Item G and provide: or trust's return. • An impartial and independent look at • We encourage you to use Form provide the taxpayer identification number (TIN) of the electing trust with your problem, 1041-V, Payment Voucher, to • Timely acknowledgment, accompany your payment of a balance the highest total asset value in the box provided. • The name and phone number of the of tax due on Form 1041, particularly if individual assigned to its case, your payment is made by check or The executor must also attach a • Updates on progress, money order. statement to Form 1041 providing the • Timeframes for action, following information for each electing Line 20–Qualified Business Income • Speedy resolution, and trust (including the electing trust Deduction. Line 20 is used to report • Courteous service. provided in Item G): (a) the name of the the qualified business income deduction electing trust, (b) the TIN of the electing When contacting the Taxpayer attributable to the entity’s share of trust, and (c) the name and address of Advocate, you should provide the qualified items. Pass-through entity the trustee of the electing trust. following information. reporting statements are included in • The estate's or trust's name, address, these instructions to assist the trust or Form 1041 E-filing. When e-filing and employer identification number estate in reporting the proper qualified Form 1041 use either Form 8453-FE, (EIN). business income items and other U.S. Estate or Trust Declaration for an • The name and telephone number of information to its beneficiaries. These IRS e-File Return, or Form 8879-F, IRS an authorized contact person and the statements, or substantially similar e-file Signature Authorization for Form hours he or she can be reached.
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