The Basics of Estate and Trust Tax Returns

Understanding Estate and Trust Tax Returns: Requirements for Filing

Dealing with end-of-life planning can be an overwhelming process, especially for family members in the midst of grieving. It is important to be aware of the tax implications of passing any estate and trusts on to your heirs. Estate tax returns and trust tax returns are critical components of ensuring a smooth transition of assets post-mortem. In this blog post, we will discuss the requirements for filing estate and trust tax returns, the benefits of proper filing, and the consequences of not filing taxes.

What are estate tax returns?

Estate tax returns are federal tax returns that are filed upon the death of an individual. These are used to address the tax implications of any properties and assets which are transferred in accordance with the person’s will or state intestacy laws. If the IRS determines that the estate is worth $11.7 million or more. If so, then an estate tax return is required.

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What are trust tax returns?

A trust is a fiduciary arrangement where a trustee holds control of the assets. They are held for the benefit of the beneficiaries of the trust. Trust tax returns are required if the trust generates income of $600 or more per year, irrespective of its value.

Who is required to file estate and trust tax returns?

The executor of the estate or the trustee responsible for the trust is responsible for filing taxes. Regardless of whether the trust or estate owes any taxes. The Executor/ Trustee represents the deceased taxpayer or beneficiaries respectively. They are responsible for any audit, assessments, distributions, and final tax filings.

What are the benefits of proper filing?

The primary objective of filing the tax returns is to ensure that the IRS receives the correct information. Payment of the taxes is also required. Not filing tax returns on time or accurately could cause adverse outcomes such as interest, penalties and legal involvement.

Filing accurately and on time also avoids any misunderstandings between beneficiaries and trustees. It is important in ensuring that assets are appropriately distributed while reducing the scope for litigation.

What are the consequences of not filing estate and trust tax returns?


If you fail to file an estate tax return or trust tax return, the IRS may assess late-filing penalties. The penalty is generally 5% of the unpaid tax liability for each month that the tax return is late. It can be up to a maximum of 25%. It is important to realize that interest accrues on the unpaid taxes from the due date until they are paid. In the event of late payment, additional penalties may apply.

The IRS has a calculator to help you figure out what those amounts may be on their website: https://www.irs.gov/payments/penalties.

Filing an estate or trust tax return is paramount in providing your loved ones a smooth transition. It can also help to avoid confusion and legal battles. The requirements of who needs to file for estate and trust taxes when and what exactly is to be reported can be complicated. They also vary by situation. Estate and trust tax returns duties can seem overwhelming but are essential in preserving the assets you have worked hard to acquire. Contact us today to schedule an appointment to learn more about how we can help you determine tax liability and prepare tax returns.

At West Ridge Accounting we understand the importance of filing accurately and on time. You have so much going on when you lose a love one, let us help you figure out the financial piece. We have a team at your service.

Contact our office for more information or send us an email, today. Office 970-515-5267 or email one of our Estate and Trust return specialists. [email protected] or [email protected].

Rose, Erik and Sam 2023

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