Formulier 1041-N Instructies
Instructies voor formulier 1041-N, Amerikaanse Inkomstenbelasting Return for Electing Alaska Native Settlement Trusts
December 2022
Gerelateerde formulieren
- Formulier 1041-N - VS Inkomstenbelasting Return voor het selecteren van Alaska Native Settlement Trusts
Department of the Treasury
Internal Revenue Service
Instructions for Form 1041-N
(Rev. December 2022)
U.S. Income Tax Return for Electing Alaska Native Settlement Trusts
Section references are to the Internal Revenue Code unless
otherwise noted.
income assigned to the ANST. See Part III—Other
Information, Question 1, later, for the information required to
be attached to the form.
Future Developments
Tax
For the latest information about developments related to
Form 1041-N and its instructions, such as legislation enacted
An electing ANST pays tax on its taxable income at the
lowest rate specified for single individuals (10%). If the ANST
has net capital gain or qualified dividends, use the tax
computation on Part IV of Schedule D, which applies a 0%
rate on its adjusted net capital gain.
General Instructions
Use this revision for tax years beginning after 2017.
Purpose of Form
Disqualifying Acts
If, at any time, a beneficial interest in an ANST may be
disposed of to a person in a manner that isn't permitted by
section 7(h) of the ANCSA (if the interest were settlement
common stock), then:
Under section 646, an Alaska Native Settlement Trust
(ANST) may elect to apply special income tax treatment to
the trust and its beneficiaries. This one-time election is made
by filing Form 1041-N in the first tax year of the trust. Form
1041-N is used to report an ANST's income, deductions,
gains, losses, etc., and to figure and pay any income tax due.
Form 1041-N is also used to report special information
applicable to an ANST's filing requirements.
If no election has previously been made, the ANST can't
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elect special tax treatment under section 646 for the trust and
its beneficiaries; or
If the election is in effect at that time:
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1. The election won't apply as of the first day of the tax
year in which a prohibited disposition is first allowed;
Definitions
2. The section 646 tax treatment won't apply to the trust
An ANST is a settlement trust within the meaning of section
3(t) of the Alaska Native Claims Settlement Act (ANCSA).
for that tax year or in any subsequent tax years; and
3. The distributable net income of the trust will be
increased by the current or accumulated earnings and profits
of the sponsoring ANC as of the close of the tax year, after
adjustment is made for all distributions made by the
sponsoring ANC during the tax year. However, this increase
is limited to the fair market value (FMV) of the trust's assets
as of the date the beneficial interest of the trust first becomes
disposable.
An Alaska Native Corporation (ANC) has the same
meaning as the term "Native Corporation" has under section
3(m) of the ANCSA.
A sponsoring ANC means the ANC that transfers assets
to an electing ANST.
A trustee is a fiduciary of the trust. Any reference in these
instructions to “you” means the trustee of the trust.
If stock in the sponsoring ANC may be disposed of to a
person in a manner that isn't allowed by section 7(h) of the
ANCSA (if the stock were settlement common stock) and at
any time after such disposition of stock is first allowed, the
corporation transfers assets to an ANST, then items 1, 2, and
3 above will apply to the ANST in the same manner as if the
ANST allowed dispositions of beneficial interests in the
ANST in a manner not allowed by section 7(h) of the ANCSA.
Tax Treatment of an Electing ANST
Adjusted Gross Income (AGI)
Figure the AGI of an electing ANST by subtracting from total
income (line 5) administrative costs (lines 7 through 9) and
the exemption amount (line 11). Administrative costs are
deductible to the extent they would not have been incurred if
the property were not held by the ANST.
The surrender of an interest in an ANC or an electing
ANST by the shareholder or beneficiary, for a whole or partial
redemption or for the whole or partial liquidation of the
corporation or trust, will be considered a transfer allowed by
section 7(h) of the ANCSA.
Taxable Income
In general, an electing ANST's taxable income is figured in
the same manner as any other taxable trust (see Internal
Revenue Code subchapter J). However, the electing ANST
isn't allowed to take an income distribution deduction, though
it can claim an exemption deduction, the amount of which
depends on the terms of the trust.
Information Reporting Requirements
Electing ANSTs must complete Schedule K and file it with
Form 1041-N. The ANST must also provide a copy of
Schedule K to the sponsoring ANC by the date Form 1041-N
is required to be filed with the IRS. The ANST isn't required to
provide information to the beneficiaries on distributions made
to them. The sponsoring ANC will provide the beneficiaries
with any required information.
See the Schedule K instructions for information on the
beneficiaries' tax treatment of distributions received from the
ANST.
Income Assignment From a Native Corporation
The ANST reports income assignments from an ANC on
the appropriate income line consistent with the type of
Oct 04, 2022
Cat. No. 38105U
Give you a copy of the return for your records, in addition
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Who Must File
to the copy to be filed with the IRS.
The trustee of any electing ANST having any taxable income,
or having gross income of at least $600 for the tax year, must
file Form 1041-N for that year.
Paid Preparer Authorization
If the trustee wants to allow the IRS to discuss the ANST's
tax return with the paid preparer who signed it, check the
“Yes” box in the signature area of the return. This
authorization applies only to the individual whose signature
appears in the Paid Preparer Use Only section of the ANST's
return. It doesn't apply to the firm, if any, shown in that
section.
Making the Election
The trustee of an ANST must make this election by
the due date (including extensions) for filing the
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CAUTION
ANST's tax return for its first tax year.
The trustee makes the election for the ANST by signing Form
1041-N in the signature block on page 1. The return must be
filed by the due date (including extensions) for filing the
ANST's tax return for its first tax year. Once the election is
made, it applies to all subsequent years and can't be
revoked.
If the “Yes” box is checked, the trustee is authorizing the
IRS to call the paid preparer to answer any questions that
may arise during the processing of the ANST's return. The
trustee is also authorizing the paid preparer to:
Give the IRS any information that is missing from the
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ANST's return;
Call the IRS for information about the processing of the
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When To File
ANST's return or the status of its refund or payment(s); and
ANSTs file Form 1041-N by the 15th day of the 4th month
following the close of the tax year. If the due date falls on a
Saturday, Sunday, or legal holiday, file on the next business
day.
Respond to certain IRS notices that the trustee has shared
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with the preparer about math errors, offsets, and return
preparation. The notices won't be sent to the preparer.
The trustee isn't authorizing the paid preparer to receive
any refund, enter into any agreement (including those
regarding additional tax liability), or otherwise represent the
ANST before the IRS. If the trustee wants to expand the paid
preparer's authorization, see Pub. 947, Practice Before the
IRS and Power of Attorney.
Private Delivery Services
You can use certain private delivery services (PDSs)
designated by the IRS to meet the "timely mailing as timely
list of designated services.
The PDS can tell you how to get written proof of the
mailing date.
The authorization can't be revoked. However, the
authorization will automatically end no later than the due date
(regardless of extensions) for filing the ANST's next tax
return.
For the IRS mailing address to use if you’re using a PDS,
PDSs can't deliver items to P.O. boxes. You must
Accounting Methods
use the U.S. Postal Service to mail any item to an
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Figure taxable income using the method of accounting
regularly used in keeping the ANST's books and records.
Generally, permissible methods include the cash method, the
accrual method, or any other method authorized by the
Internal Revenue Code. In all cases, the method used must
clearly reflect income.
CAUTION
IRS P.O. box address.
Extension of Time To File
Use Form 7004, Application for Automatic Extension of Time
To File Certain Business Income Tax, Information, and Other
Returns, to request an automatic extension of time to file.
Generally, the ANST may change its accounting method
(overall method or for any material item) only by getting
consent on Form 3115, Application for Change in Accounting
Method. For more information, see Pub. 538, Accounting
Periods and Methods.
An extension of time to file doesn't extend the time to pay
the tax.
Where To File
File Form 1041-N at the following address.
Accounting Periods
Department of the Treasury
Internal Revenue Service
Ogden, UT 84201-0027
All electing ANSTs must adopt a calendar year.
Rounding Off to Whole Dollars
You may round off cents to whole dollars on the ANST's
return and schedules. If you do round to whole dollars, you
must round all amounts. To round, drop amounts under 50
cents and increase amounts from 50 to 99 cents to the next
dollar. For example, $1.39 becomes $1 and $2.50
becomes $3.
Who Must Sign
The trustee or an authorized representative must sign Form
1041-N.
Paid Preparer
If you have to add two or more amounts to figure the
amount to enter on a line, include cents when adding the
amounts and round off only the total.
Generally, anyone who is paid to prepare a tax return must
sign the return and provide the information requested in the
Paid Preparer Use Only area of the return. The person
required to sign the return must:
Estimated Tax
Complete the required preparer information;
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Sign it in the space provided for the preparer's signature;
Generally, an ANST must pay estimated income tax if it
expects to owe at least $1,000 after subtracting withholding
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and
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Instructions for Form 1041-N (Rev. 12-2022)
and credits. For details and exceptions, see Form 1041-ES,
Estimated Income Tax for Estates and Trusts.
Line 3a—Name and Title of Trustee
Enter the name and title (if any) of the trustee. If a fiduciary
relationship was created or terminated, file Form 56, Notice
Concerning Fiduciary Relationship.
Interest and Penalties
If a fiduciary relationship wasn't created or terminated but
the fiduciary had a change in name or another fiduciary's
name was entered, check the “Change in fiduciary's name”
box on line 6.
Interest
Interest is charged on taxes not paid by the due date, even if
an extension of time to file is granted. Interest is also charged
on the failure-to-file penalty, the accuracy-related penalty,
and the fraud penalty. The interest charge is figured at a rate
determined under section 6621.
Line 3b—Address
Include the suite, room, or other unit number after the street
address. If the Post Office doesn't deliver mail to the street
address and you have a P.O. box, show the box number
instead of the street address.
Late Filing of Return
The law provides a penalty of 5% of the tax due for each
month, or part of a month, that the return isn’t filed up to a
maximum of 25% of the tax due. If the return is more than 60
days late, the minimum penalty is the smaller of $435 or the
tax due. The penalty won’t be imposed if you can show that
the failure to file on time is due to reasonable cause. If you
receive a notice about penalty and interest after you file this
return, send us an explanation, and we will determine if you
meet reasonable-cause criteria. Don’t attach an explanation
when you file Form 1041-N.
If you change your address after filing Form 1041-N, use
Form 8822-B, Change of Address or Responsible
Party—Business, to notify the IRS.
If a different address from the prior year was entered and
Form 8822-B wasn't filed, check the box on line 6 for
“Change in fiduciary's address.”
Line 6
For more information about penalties for late filing, see
Be sure to check all the boxes that apply. Also, see the
line 3a and line 3b instructions above for information
regarding a change in the fiduciary's name and for
information on changes to the fiduciary's address.
Late Filing of Return in the Instructions for Form 1041.
Late Payment of Tax
Section 6651 also provides for penalties for late payment.
Generally, the penalty for not paying the tax when due is 1/2
of 1% of the unpaid amount for each month or part of a
month it remains unpaid. The maximum penalty is 25% of the
unpaid amount. The penalty is imposed on the net amount
due. Any penalty is in addition to interest charges on late
payments.
Part II—Tax Computation
Income
Line 2a—Total Ordinary Dividends
Report the total of all ordinary dividends received during the
tax year.
If you include interest or either of these penalties with
your payment, identify and enter these amounts in
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CAUTION
the bottom margin of Form 1041-N. Don’t include the
Line 2b—Qualified Dividends
interest or penalty amount in the balance of tax due on
line 18.
Enter the ANST's total qualified dividends on line 2b and use
Part IV of Schedule D to figure the ANST's tax. Qualified
dividends are eligible for a lower tax rate than other ordinary
income. Generally, these dividends are shown in box 1b of
Form(s) 1099-DIV, Dividends and Distributions. See Pub.
550, Investment Income and Expenses, for the definition of
qualified dividends if you received dividends not reported on
Form 1099-DIV.
Underpaid Estimated Tax
If the trustee underpaid estimated tax, use Form 2210,
Underpayment of Estimated Tax by Individuals, Estates, and
Trusts, to figure any penalty due. Enter the amount of the
penalty in the bottom margin of Form 1041-N. Don’t include it
in the balance of tax due on line 18.
Exceptions. Some dividends may be reported as qualified
dividends in box 1b of Form 1099-DIV but aren't qualified
dividends. These include the following.
Other Penalties
Other penalties can be imposed for negligence, substantial
understatement of tax, and fraud. See Pub. 17, Your Federal
Income Tax, for details on these penalties.
Dividends received on any share of stock that the ANST
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held for less than 61 days during the 121-day period that
began 60 days before the ex-dividend date. The ex-dividend
date is the first date following the declaration of a dividend on
which the purchaser of a stock isn't entitled to receive the
next dividend payment. When counting the number of days
the ANST held the stock, include the day you disposed of the
stock but not the day you acquired it.
Specific Instructions
Enter the year (or period) for which you are filing for the
electing ANST.
Dividends attributable to periods totaling more than 366
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Part I—General Information
Line 1—Name of Trust
Enter the exact name that was used to apply for the employer
identification number (EIN) for the trust to file Form 1041-N.
days that the ANST received on any share of preferred stock
held for less than 91 days during the 181-day period that
began 90 days before the ex-dividend date. Preferred
dividends attributable to periods totaling less than 367 days
are subject to the 61-day holding period rule above.
Dividends on any share of stock to the extent that the
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ANST is under an obligation (including a short sale) to make
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Instructions for Form 1041-N (Rev. 12-2022)
related payments with respect to positions in substantially
similar or related property.
Miscellaneous itemized deductions subject to the 2% floor
will not be allowed for tax years 2018 through 2025.
Payments in lieu of dividends, but only if you know or have
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reason to know that the payments aren't qualified dividends.
Line 9—Other Deductions
Line 3—Capital Gain or (Loss)
Attach a schedule listing by type and amount all allowable
deductions that aren't deductible elsewhere on the form. No
deduction is allowed for distributions to beneficiaries.
Enter the gain from Schedule D, line 11, or the loss from
Schedule D,
line 12.
An ANST may elect under section 965(n) to determine the
amount of the net operating loss (NOL) for a tax year
Note. Report capital gain distributions on Schedule D (Form
determined under section 172 and the amount of taxable
income to be reduced by NOL carryovers or carrybacks to
such tax year without regard to certain amounts under
section 172. The amount not taken into consideration (the
reduction amount) is generally equal to the amount of the
section 965(a) inclusion (net of the section 965(c) deduction).
If, as a result of an election under section 965(n), the amount
of the NOL for the tax year is adjusted, the reduction amount
is included in other income on line 4. If, as a result of an
election under section 965(n), the taxable income reduced by
NOL carryovers or carrybacks is reduced, the NOL deduction
on line 4 is reduced by the reduction amount. See section
965(n) and the regulations thereunder for more information.
1041-N), line 7.
Line 4—Other Income
List the type and amount of income not included on lines 1a
through 3. List the types and amounts on an attached
schedule if the ANST has more than one item of other
income.
Include on line 4 taxable contributions received from an
for additional information that may need to be attached to the
return. Include on this line income recognized on the early
disposition of noncash property for which the ANST
previously made a section 247(g) election. See also Part
III—Other Information, Question 1, later, for additional
information that may need to be attached to the return.
Include on this line the ordinary income recognized on the
disposition of property for which the ANST made a section
247(g) election. Report on Schedule D (Form 1041-N) the
capital gain recognized on such disposition. See Section
247(g) Election Property in the Instructions for Schedule D
(Form 1041-N) for additional information.
In determining whether an expense is deductible it must
be determined whether the expense would be "commonly or
customarily" incurred by a hypothetical individual owning the
same property. A cost incurred by an ANST is an allowable
deduction to the extent that it is excluded from the definition
of miscellaneous itemized deductions under section 67(b)
and commonly or customarily would not be incurred by a
hypothetical individual holding the same property.
Include on line 9 the deduction for qualified business
income. For information on how to figure the trust's deduction
for qualified business income, see Form 8995, Qualified
Business Income Deduction Simplified Computation, and
Form 8995-A, Qualified Business Income Deduction.
If the ANST is reporting global intangible low-taxed
income (GILTI), include it on the attached statement.
Complete and attach Form 8992.
Deductions
Line 10—Reserved for Future Use
Don’t enter any information on line 10.
Line 11—Exemption
Allocation of Deductions for Tax-Exempt Income
Generally, no deduction is allowed for any expense that is
allocable to tax-exempt income, such as interest on state or
local bonds.
Exceptions. State income taxes and business expenses
A trust whose governing instrument requires all income to be
distributed currently is allowed a $300 exemption, even if it
distributed amounts other than income during the tax year.
All other trusts are allowed a $100 exemption.
that are allocable to tax-exempt interest are deductible.
Expenses that are directly allocable to tax-exempt income
are allocable only to tax-exempt income. A reasonable
proportion of expenses indirectly allocable to both
tax-exempt income and other income must be allocated to
each class of income.
Tax and Payments
Line 14—Tax
Limitations on Deductions
If the ANST doesn't have a net capital gain or qualified
dividends and has an amount greater than zero on line 13,
check the first box on line 14, multiply the amount on line 13
by 10% (0.10), and enter the result on line 14.
Schedule D. If the ANST had a net capital gain (or qualified
dividends) and any taxable income, complete Part IV of
Schedule D (Form 1041-N), enter the tax (or -0-, if
applicable) from line 28 of Schedule D on line 14, and check
the “Schedule D” box.
Generally, the amount an ANST has "at-risk" limits the loss it
can deduct in any tax year. Also, section 469 and its
regulations generally limit losses from passive activities to
the amount of income derived from all passive activities.
Similarly, credits from passive activities are generally limited
to the tax attributable to such activities.
For details on these and other limitations on deductions,
see Deductions in the Instructions for Form 1041.
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Instructions for Form 1041-N (Rev. 12-2022)
Line 15—Credits
Line 21—Tax Due
Specify the type of credit being claimed or form number and
attach any required credit forms. If you are claiming more
than one type of credit, attach a schedule listing the type and
amount of each credit claimed. See the Instructions for Form
1041 for details on the credits that may be claimed.
You must pay the tax in full when the return is filed to avoid
interest charges and possible penalties. Make the check or
money order payable to “United States Treasury.” Write the
EIN, the tax year, and “Form 1041-N” on the payment.
Enclose, but don't attach, the payment with Form 1041-N.
Part III—Other Information
Line 17—Reserved for Future Use
Question 1
Don’t enter any information on line 17.
If you answer “Yes” to this question, attach the following
information, as necessary.
Assignment of income under section 139G. Attach a
copy of the written assignment received from the ANC. See
Income Assignment From a Native Corporation, earlier, for
how to report the assigned income.
Property for which the ANC made an election under
section 247(e). Attach the statement required under section
6039H(e) received from the ANC. If the ANST elects under
section 247(g) to defer recognition of income related to any
noncash property received from the ANC, clearly identify on
the statement for which noncash property the ANST is
making the election and describe the property (if the
statement from the ANC does not describe it). Include in
other income (line 4) the amount of income otherwise
required to be recognized by the ANST.
Line 18—Total Tax
If the ANST owes any additional taxes (for example,
recapture taxes), include these taxes on line 18. To the left of
the entry space, enter the type and amount of the tax. Also
attach to Form 1041-N any forms required to figure these
taxes. See the Instructions for Form 1041 for more details on
additional taxes that may apply.
If the ANST shows more than one type of additional tax on
this line, attach a schedule showing the type and amount of
each tax, and include the total of all additional taxes on this
line.
Report on this line of an amended return the additional
10% tax for the year in which the ANST received a
contribution of noncash property from an ANC, elected to
defer the recognition of income under section 247(g), but
disposed of the property within the first tax year subsequent
to the tax year the ANST received the property. The increase
in tax due to the inclusion of the deferred income, which is
the base amount for the computation of the additional 10%
tax shown on this line, should be included on line 14. If the
amended return also shows changes to income, deductions,
or credits unrelated to the inclusion of the deferred income,
attach a schedule showing the computation of the additional
tax due only to the inclusion of the deferred income. See also
Part III—Other Information, Question 1, later, for the
All other property. Attach a description of the property, the
date the ANST received the property, and the FMV of the
property on that date.
Revocation of prior section 247(g) election by the
ANST. Attach a copy of the statement attached to the return
on which the ANST made the election. Clearly identify on the
statement the noncash property for which the ANST is
revoking the prior election. For noncash property for which
the ANST is revoking the prior election, include on the
appropriate line of the amended return (and attach any
required supporting schedules) the additional income the
ANST recognized as a result of revoking the election. For
each property for which the ANST both revokes the election
and does not recognize additional income, attach a
statement that identifies such property and the reason for not
recognizing additional income.
Early disposition of property for which the ANST made
a section 247(g) election. An early disposition of property
for which the ANST made a section 247(g) election is a
disposition that occurs during the first tax year subsequent to
the tax year in which such property was contributed to the
ANST. Attach a copy of the statement attached to the return
on which the ANST made the election. Clearly identify on the
statement the noncash property the ANST sold or exchanged
during the tax year. For each early disposition of noncash
property, include on the appropriate line of the amended
return (and attach any required supporting schedules) the
additional income the ANST recognized. For each property
sold or exchanged for which the ANST does not recognize
additional income, attach a statement that identifies such
property and the reason for not recognizing additional
income. See also the instructions for line 18 for how to report
the additional tax due on the sale or exchange of the asset.
statement to be attached to the amended return.
Line 19—Current Year Net 965 Tax Liability Paid
If the ANST made a payment with respect to a current
year net 965 tax liability resulting from an S-corporation
triggering event, enter on line 19 the amount of the payment
reported on Form 965-A, Part II, column (k), for the current
year.
Line 20—Payments
Include on line 20 any:
Estimated tax payments made for the tax year;
Tax paid with a request for an extension of time to file;
Federal income tax withheld (for example, backup
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withholding);
Payment made in the current year with respect to a net
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965 tax liability; and
Credit for tax paid on undistributed capital gains. Attach
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Copy B of Form 2439, Notice to Shareholder of Undistributed
Long-Term Capital Gains.
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Instructions for Form 1041-N (Rev. 12-2022)
Question 2
Question 5
The ANST may be required to file Form 3520, Annual Return
To Report Transactions With Foreign Trusts and Receipt of
Certain Foreign Gifts, if any of the following apply.
To make the section 643(e)(3) election to recognize gain on
property distributed in kind, check the box and complete
Schedule D. For more information, see Section 643(e)(3)
Election, later.
It directly or indirectly transferred property or money to a
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foreign trust. For this purpose, any U.S. person who created
a foreign trust is considered a transferor.
Schedule D—Capital Gains and
Losses
General Instructions
Purpose of Schedule
It is treated as the owner of any part of the assets of a
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foreign trust under the grantor trust rules.
It received a distribution from a foreign trust.
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Note. An owner of a foreign trust must ensure that the trust
files Form 3520-A, Annual Information Return of Foreign
Trust With a U.S. Owner.
Use Schedule D to report gains and losses from the sale or
exchange of capital assets by an ANST.
Question 3
Check the “Yes” box and enter the name of the foreign
Details of each transaction must be reported on this
schedule. If there are more transactions than spaces on
line 1 or 5, you can report the transactions on an attached
statement containing all the same information as Schedule D
using a similar format. Enter on Schedule D, lines 1 and 5, as
appropriate, the totals from all attached statements for lines 1
and 5.
country if either (1) or (2) below applies.
1. The ANST owns more than 50% of the stock in any
corporation that owns one or more foreign bank accounts.
2. At any time during the year, the ANST had an interest
in or signature or other authority over a bank, securities, or
other financial account in a foreign country.
Exception. Check “No” if either of the following applies to the
Other Forms You May Have To File
ANST.
The combined value of the accounts was $10,000 or less
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Use Form 461, Limitation on Business Losses, to report the
excess business loss that is reported on your noncorporate
tax return.
during the whole year.
The accounts were with a U.S. military banking facility
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operated by a U.S. financial institution.
Use Form 965-A, Individual Report of Net 965 Tax
Liability, to report the net 965 tax liability.
Refer to FinCEN Form 114, Report of Foreign Bank and
Financial Accounts (FBAR), to see if the ANST is considered
to have an interest in or signature or other authority over a
bank, securities, or other financial account in a foreign
country.
Use Form 4797, Sales of Business Property, to report the
following.
The sale or exchange of property used in a trade or
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business.
If you checked “Yes” for Question 3, electronically file
FinCEN Form 114 with the Department of the Treasury using
FinCEN's BSA E-Filing System. Because FinCEN Form 114
isn't a tax form, don't file it with Form 1041-N.
The sale or exchange of depreciable and amortizable
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property.
The involuntary conversion (other than from casualty or
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theft) of property and capital assets held for business or
profit.
The disposition of noncapital assets other than inventory
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If you are required to file FinCEN Form 114 but don't,
or property held primarily for sale to customers in the ordinary
course of trade or business.
you may have to pay a penalty of up to $10,000 (or
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CAUTION
more in some cases).
Use Form 4684, Casualties and Thefts, to report
Question 4
involuntary conversions of property due to casualty or theft.
For tax years beginning after December 31, 2015, a domestic
trust, including an ANST, that is formed or availed of to hold
specified foreign financial assets ("a specified domestic
entity") must file Form 8938 with its Form 1041-N for the tax
year. Form 8938 must be filed each year the value of the
trust's specified foreign financial assets equals or exceeds
the reporting threshold. For more information on domestic
trusts that are specified domestic entities and the types of
foreign financial assets that must be reported, see the
Instructions for Form 8938, generally, and in particular, Who
Must File, Specified Domestic Entity, Reporting Thresholds,
Specified Foreign Financial Assets, Interests in Specified
Foreign Financial Assets, Assets Not Required To Be
Reported, and Exceptions to Reporting.
Use Form 6781, Gains and Losses From Section 1256
Contracts and Straddles, to report gains and losses from
section 1256 contracts and straddles.
Use Form 8824, Like-Kind Exchanges, if the ANST made
one or more like-kind exchanges. A like-kind exchange
occurs when the ANST exchanges business or investment
property for property of a like kind.
Use Form 8938, Statement of Specified Foreign Financial
Assets.
Use Form 8992, U.S. Shareholder Calculation of Global
Intangible Low-Taxed Income (GILTI), to report the ANST’s
GILTI.
An ANST required to file Form 8938 with its Form 1041-N
for the tax year should check "Yes" to Question 4 of Part III of
Form 1041-N.
Use Form 8995, Qualified Business Income Deduction
Simplified Computation, and Form 8995-A, Qualified
-6-
Business Income Deduction, to figure the qualified business
income deduction.
party, section 1239 applies to deny capital gains treatment
for any gain.
Capital Asset
Short-Term or Long-Term
Each item of property held by the ANST is a capital asset,
except for the following.
Separate the capital gains and losses according to how long
the ANST held or owned the property. The holding period for
short-term capital gains and losses is 1 year or less. The
holding period for long-term gains and losses is more than 1
year.
Stock in trade, inventory, or property held primarily for sale
•
to customers.
Depreciable or real property used in a trade or business.
Certain patents, inventions, models, or designs (whether
•
•
or not patented); secret formulas or processes; or similar
property (see section 1221(a)(3)).
To figure the length of the period the ANST held property,
begin counting on the day after the ANST acquired the
property and include the day the ANST disposed of it. Use
the trade dates for the date of acquisition and sale of stocks
and bonds traded on an exchange or over-the-counter
market.
Copyrights; literary, musical, or artistic compositions;
•
letters or memoranda; or similar property eligible for
copyright protection that the trust received from someone
whose personal efforts created them or for whom they were
created in a way (such as by gift) that entitled the trust to the
basis of the previous owner (in the case of letters,
memoranda, or similar property, such property may also be
prepared or produced for the trust).
For property received by the ANST from an ANC for which
the ANC made an election under section 247(e)(1), the
ANST's holding period includes the period the ANC held the
property.
Note. Pursuant to section 1221(b)(3), the trust can elect to
treat musical compositions and copyrights in musical works
as capital assets if it sold or exchanged them in a tax year
beginning after May 17, 2006, and acquired the assets under
circumstances entitling it to the basis of the person who
created the property or for whom it was prepared or
produced.
Section 643(e)(3) Election
For in-kind noncash property distributions, a fiduciary may
elect to have the ANST recognize gain or loss in the same
manner as if the distributed property had been sold to the
beneficiary at its FMV. If the election is made, the
beneficiary's basis of such property is its FMV. This election
applies to all distributions made by the ANST during the tax
year and, once made, may be revoked only with IRS
consent.
Accounts or notes receivable acquired in the ordinary
•
course of a trade or business for services rendered or from
the sale of inventoriable assets or property held primarily for
sale to customers.
Certain U.S. Government publications not purchased at
•
the public sale price.
Certain "commodities derivative financial instruments" held
•
Note. Section 267 doesn't allow an ANST to claim a
deduction for any loss on property to which a section 643(e)
(3) election applies. In addition, when an ANST distributes
depreciable property, section 1239 applies to deny capital
gains treatment for any gain on property to which a section
643(e)(3) election applies.
by a dealer (see section 1221(a)(6)).
Certain hedging transactions entered into in the normal
•
course of the ANST's trade or business (see section 1221(a)
(7)).
Supplies regularly used in the ANST's trade or business.
•
You may find additional helpful information in Pub. 544,
For more information on making the section 643(e)(3)
Sales and Other Dispositions of Assets, and Pub. 551, Basis
of Assets.
Column (d)—Sales Price
Section 247(g) Election Property
Enter either the gross sales price or the net sales price from
the sale. On sales of stocks and bonds, report the gross
amount as reported to the ANST on Form 1099-B, Proceeds
From Broker and Barter Exchange Transactions, or similar
statement. However, if the ANST was advised that gross
proceeds less commissions and option premiums were
reported to the IRS, enter only the net amount in column (d).
Early disposition of section 247(g) property. An early
disposition of property for which the ANST made a section
247(g) election is a disposition that occurs during the first tax
year subsequent to the tax year in which such property was
contributed to the ANST. The ANST must amend the tax
return for the year in which the ANST received the
contributed property to report on line 4 the amount of income
that would have been included in that year but for the
election.
Column (e)—Cost or Other Basis
Other dispositions of section 247(g) property. Report
on line 4 the amount of income deferred as a result of making
the section 247(g) election. Also report any additional gain or
loss on the disposition of property as if there were no section
247(g) election, following these Schedule D instructions.
Generally, the basis of property acquired by gift is the same
as its basis in the hands of the donor. However, if the FMV of
the property at the time it was transferred to the trust is less
than the transferor's basis, then the FMV is used for
determining any loss on disposition.
Note. Section 267 doesn't allow an ANST to claim a loss on
the disposition of property to a related party. In addition,
when an ANST disposes of depreciable property to a related
For property received by the ANST from an ANC for which
the ANC made an election under section 247(e)(1), the
ANST's basis in the property is the lesser of the adjusted
basis of the ANC in the property immediately before the
-7-
Instructions for Form 1041-N (Rev. 12-2022)
Capital Loss Carryover Worksheet
Keep for Your Records
Use this worksheet to figure the ANST's capital loss carryovers from the current tax year to the following tax year if Schedule D, line 12, is a loss and (a) the
loss on Schedule D, line 11, is more than $3,000; or (b) Form 1041-N, page 1, line 13, is a loss.
1. Enter taxable income (or loss) from Form 1041-N, line 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. Enter loss from Schedule D, line 12, as a positive amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. Enter amount from Form 1041-N, line 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. Adjusted taxable income. Combine lines 1, 2, and 3. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. Enter the smaller of line 2 or line 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1.
2.
3.
4.
5.
Note. If line 4 of Schedule D is a loss, go to line 6; otherwise, enter -0- on line 6 and go to line 10.
6. Enter loss from Schedule D, line 4, as a positive amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6.
7. Enter gain, if any, from Schedule D, line 10. If that line is blank or shows a loss, enter -0- . . . . . . . .
7.
8. Add lines 5 and 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8.
9.
9. Short-term capital loss carryover. Subtract line 8 from line 6. If zero or less, enter -0-. Enter this loss on the short-term
capital loss carryover line of next year's Schedule D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Note. If line 10 of Schedule D is a loss, go to line 10; otherwise, skip lines 10 through 14.
10. Enter loss from Schedule D, line 10, as a positive amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10.
11. Enter gain, if any, from Schedule D, line 4. If that line is blank or shows a loss, enter -0- . . . . . . . .
12. Subtract line 6 from line 5. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11.
12.
13. Add lines 11 and 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13.
14.
14. Long-term capital loss carryover. Subtract line 13 from line 10. If zero or less, enter -0-. Enter this loss on the long-term
capital loss carryover line of next year's Schedule D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
contribution, or the FMV of the property immediately before
the contribution.
as a loss in column (f) the amount of allowable exclusion. If
you are completing line 23 of Schedule D, enter as a positive
number the amount of your allowable exclusion on line 2 of
the 28% Rate Gain Worksheet; if you excluded 60% of the
gain, enter 2/3 of the exclusion; if you excluded 75% of the
gain, enter 1/3 of the exclusion. Don’t make an entry for any
section 1202 exclusion that is 100% of the gain.
If the property was transferred to the ANST and a gift tax
was paid under chapter 12, then increase the donor's basis
as follows: multiply the amount of the gift tax paid by a
fraction, the numerator of which is the net appreciation in
value of the gift (defined below), and the denominator of
which is the amount of the gift. For this purpose, the net
appreciation in value of the gift is the amount by which the
FMV of the gift exceeds the donor's adjusted basis. Then,
add the result to the donor's basis.
For more information about QSB stock, see the
Instructions for Schedule D (Form 1041).
Unrecaptured Section 1250 Gain
Complete the Unrecaptured Section 1250 Gain Worksheet if
any of the following apply.
Adjustments to basis. Before figuring any gain or loss on
the sale, exchange, or other disposition of property owned by
the ANST, adjustments to the property's basis may be
required. See Pub. 551 for additional information.
During the tax year, the ANST sold or otherwise disposed
•
of section 1250 property (generally, real property that was
depreciated) held more than 1 year.
The ANST received installment payments during the tax
•
Column (f)—Gain or (Loss)
year for section 1250 property held more than 1 year for
which it is reporting gain on the installment method.
Make a separate entry in this column for each transaction
reported on lines 1 and 5 and any other lines that apply to the
ANST. For lines 1 and 5, subtract the amount in column (e)
from the amount in column (d). Enter negative amounts in
parentheses.
The ANST received a Schedule K-1 from an estate or
•
trust, partnership, or S corporation that shows "unrecaptured
section 1250 gain" reportable for the tax year.
The ANST received a Form 1099-DIV or Form 2439 from a
•
real estate investment trust or regulated investment company
(including a mutual fund) that reports "unrecaptured section
1250 gain" for the tax year.
Line 23
The ANST reported a long-term capital gain from the sale
•
Add line 18 from the Unrecaptured Section 1250 Gain
Worksheet and line 7 from the 28% Rate Gain Worksheet.
or exchange of an interest in a partnership that owned
section 1250 property.
Exclusion of gain on qualified small business (QSB)
stock. Section 1202 allows you to exclude a portion of the
eligible gain on the sale or exchange of certain QSB stock.
How to report. Report on line 5 of Schedule D the gain
realized on the sale of QSB stock. Complete all columns as
indicated. Directly below the line on which you report the
gain, enter in column (a) “Section 1202 exclusion” and enter
Instructions for the Unrecaptured Section 1250
Gain Worksheet
Lines 1 through 3. If the ANST had more than one property
described on line 1, complete lines 1 through 3 for each
-8-
Instructions for Form 1041-N (Rev. 12-2022)
Unrecaptured Section 1250 Gain Worksheet
Keep for Your Records
If the ANST isn't reporting a gain on Form 4797, Sales of Business Property, line 7 (for 2022, or the comparable line for the current tax year),
skip lines 1 through 9 and go to line 10.
1. If the ANST has section 1250 property in Part III of Form 4797 for which you made an entry in Part I of Form 4797 (but not on
Form 6252, Installment Sale Income), enter the smaller of line 22 or line 24 of Form 4797 (for 2022, or the comparable line for
the current tax year) for that property. If the ANST did not have any such property, go to line 4. If it had more than one such
property, see instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1.
2. Enter the amount from Form 4797, line 26g (for 2022, or the comparable line for the current tax year), for the property for which
you made an entry on line 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.
3.
3. Subtract line 2 from line 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. Enter the total unrecaptured section 1250 gain included on line 26 or line 37 of Form(s) 6252 (for 2022, or the comparable line
for the current tax year) from installment sales of trade or business property held more than 1 year. See instructions . . . . . . .
4.
5. Enter the total of any amounts reported to the ANST on a Schedule K-1 from a partnership or an S corporation as
“unrecaptured section 1250 gain” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5.
6.
6. Add lines 3 through 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7. Enter the smaller of line 6 or the gain from Form 4797, line 7 (for 2022, or the comparable line for
the current tax year) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7.
8. Enter the amount, if any, from Form 4797, line 8 (for 2022, or the comparable line for the current tax
year) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9. Subtract line 8 from line 7. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8.
9.
10. Enter the amount of any gain from the sale or exchange of an interest in a partnership attributable to unrecaptured section 1250
gain. See instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10.
11. Enter the total of any amounts reported to the ANST on a Schedule K-1, Form 1099-DIV, or Form 2439 as "unrecaptured
section 1250 gain" from an estate, trust, real estate investment trust, or mutual fund (or other regulated investment
company) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11.
12. Enter the total of any unrecaptured section 1250 gain from sales (including installment sales) or other dispositions of section
1250 property held more than 1 year for which you did not make an entry in Part I of Form 4797 for the year of sale. See
instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12.
13.
13. Add lines 9 through 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14. If the ANST had any section 1202 gain or collectibles gain or (loss), enter the total of lines 1
through 4 of the 28% Rate Gain Worksheet. Otherwise, enter -0- . . . . . . . . . . . . . . . . . . . . . . . .
14.
15. Enter the (loss), if any, from Schedule D, line 4. If Schedule D, line 4, is zero or a gain,
enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16. Enter the ANST's long-term capital loss carryover from Schedule D, line 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15.
(
)
16.
17.
18.
17. Combine lines 14 through 16. If the result is zero or a gain, enter -0-. If the result is a (loss), enter it as a positive
amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18. Unrecaptured section 1250 gain. Subtract line 17 from line 13. If zero or less, enter -0-. Combine this result with the result on
line 7 of the 28% Rate Gain Worksheet, if any, and enter that result on Schedule D, line 23 . . . . . . . . . . . . . . . . . . . . . . . . .
property on a separate worksheet. Enter the total of the line 3
amounts for all properties on line 3 and go to line 4.
Line 4. To figure the amount to enter on line 4, follow the
steps below for each installment sale of trade or business
property held more than 1 year.
1997, and before August 24, 1999, as unrecaptured section
1250 gain, use only the amount you chose to treat as
unrecaptured section 1250 gain for those payments to
reduce the total unrecaptured section 1250 gain remaining to
be reported for the sale. Include this amount on line 4.
Line 10. Include on line 10 the ANST's share of the
partnership's unrecaptured section 1250 gain that would
result if the partnership had transferred all of its section 1250
property in a fully taxable transaction immediately before the
ANST sold or exchanged its interest in that partnership. If the
ANST recognized less than all of the realized gain, the
partnership will be treated as having transferred only a
proportionate amount of each section 1250 property.
Line 12. An example of an amount to include on line 12 is
unrecaptured section 1250 gain from the sale of a vacation
home previously used as a rental property but converted to
personal use prior to the sale.
Step 1. Figure the smaller of (a) the depreciation allowed
or allowable, or (b) the total gain for the sale. This is the
smaller of line 22 or line 24 of the 2022 Form 4797 (or the
comparable lines of Form 4797 for the year of sale) for that
property.
Step 2. Reduce the amount figured in Step 1 by any
section 1250 ordinary income recapture for the sale. This is
the amount from line 26g of the 2022 Form 4797 (or the
comparable line of Form 4797 for the year of sale) for that
property. The result is the total unrecaptured section 1250
gain that must be allocated to the installment payments
received from the sale.
Step 3. Generally, the amount of section 1231 gain on
each installment payment is treated as unrecaptured section
1250 gain until the total unrecaptured section 1250 gain
figured in Step 2 has been used in full. Figure the amount of
gain treated as unrecaptured section 1250 gain for
installment payments received during the tax year as the
smaller of (a) the amount from line 26 or line 37 of the 2022
Form 6252 (or comparable lines for the current tax year),
whichever applies; or (b) the amount of unrecaptured section
1250 gain remaining to be reported. This amount is generally
the total unrecaptured section 1250 gain for the sale reduced
by all gain reported in prior years (excluding section 1250
ordinary income recapture). However, if you chose not to
treat all of the gain from payments received after May 6,
Installment sales. To figure the amount to include on
line 12, follow the steps below for each installment sale of
property held more than 1 year for which you didn’t make an
entry in Part I of Form 4797 for the year of sale.
Step 1. Figure the smaller of (a) the depreciation allowed
or allowable, or (b) the total gain for the sale. This is the
smaller of line 22 or line 24 of the 2022 Form 4797 (or
comparable lines of Form 4797 for the year of sale) for that
property.
Step 2. Reduce the amount figured in Step 1 by any
section 1250 ordinary income recapture for the sale. This is
the amount from line 26g of the 2022 Form 4797 (or the
comparable line of Form 4797 for the year of sale) for that
-9-
Instructions for Form 1041-N (Rev. 12-2022)
Keep for Your Records
28% Rate Gain Worksheet
1. Enter the total of all collectibles gain or (loss) from items reported on Schedule D, line 5, column (f) . . . . . . . . . . . . . . . . . . .
1.
2. Enter any of the following as a positive number.
Any section 1202 exclusion reported on Schedule D, line 5, column (f), that is 50% of the gain.
2/3 of any section 1202 exclusion reported on Schedule D, line 5, column (f), that is 60% of the gain.
1/3 of any section 1202 exclusion reported on Schedule D, line 5, column (f), that is 75% of the gain.
•
•
•
Don’t make an entry for any section 1202 exclusion that is 100% of the gain.
Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.
3.
4.
5.
6.
7.
3. Enter the total of all collectibles gain or (loss) from items reported on Schedule D, line 6 . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. Enter the total of all collectibles gain from capital gain distributions reported on Schedule D, line 7 . . . . . . . . . . . . . . . . . . . .
5. Enter the long-term capital loss carryover from Schedule D, line 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6. If Schedule D, line 4, is a (loss), enter that (loss) here. Otherwise, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7. Combine lines 1 through 6. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(
)
property. The result is the total unrecaptured section 1250
gain that must be allocated to the installment payments
received from the sale.
section 1250 ordinary income recapture for the sale. This is
the amount from line 26g of Form 4797 (for 2022, or the
comparable line for the current tax year) for that property.
The result is the total unrecaptured section 1250 gain for the
sale. Include this amount on line 12.
Step 3. Generally, the amount of capital gain on each
installment payment is treated as unrecaptured section 1250
gain until the total unrecaptured section 1250 gain figured in
Step 2 has been used in full. Figure the amount of gain
treated as unrecaptured section 1250 gain for installment
payments received during the tax year as the smaller of (a)
the amount from line 26 or line 37 of the 2022 Form 6252 (or
comparable lines for the current tax year), whichever applies;
or (b) the amount of unrecaptured section 1250 gain
remaining to be reported. This amount is generally the total
unrecaptured section 1250 gain for the sale reduced by all
gain reported in prior years (excluding section 1250 ordinary
income recapture). However, if you chose not to treat all of
the gain from payments received after May 6, 1997, and
before August 24, 1999, as unrecaptured section 1250 gain,
use only the amount you chose to treat as unrecaptured
section 1250 gain for those payments to reduce the total
unrecaptured section 1250 gain remaining to be reported for
the sale. Include this amount on line 12.
28% Rate Gain or (Loss)
Complete the 28% Rate Gain Worksheet if lines 10 and 11 of
Schedule D are both greater than zero and the ANST reports
in Part II, column (f), either:
A section 1202 gain on QSB stock, or
A collectibles gain or (loss).
•
•
A collectibles gain or loss is any long-term gain or
deductible long-term loss from the sale or exchange of a
collectible that is a capital asset.
Collectibles include works of art, rugs, antiques, metals
(such as gold, silver, and platinum bullion), gems, stamps,
coins, alcoholic beverages, and certain other tangible
property.
Other sales or dispositions of section 1250 property.
For each sale of property held more than 1 year (for which an
entry wasn't made in Part I of Form 4797), figure the smaller
of (a) the depreciation allowed or allowable, or (b) the total
gain for the sale. This is the smaller of line 22 or line 24 of
Form 4797 (for 2022, or the comparable line for the current
tax year) for that property. Next, reduce that amount by any
Also, include gain (but not loss) from the sale or exchange
of an interest in a partnership, S corporation, or trust held for
more than 1 year and attributable to unrealized appreciation
of collectibles. For details, see Regulations section 1.1(h)-1.
Also, attach the statement required under Regulations
section 1.1(h)-1(e).
-10-
election was in effect), but that have not, in fact, been
distributed in any prior year.
Schedule K—Distributions to
Beneficiaries
Use this schedule to report the type and amount of
distributions that were made to each beneficiary. A copy of
this schedule must be furnished to the sponsoring ANC. The
sponsoring ANC, not the ANST, provides information to the
beneficiaries regarding distributions. Distributions for each
year are considered to have been made in the following
order.
Tier II distributions are excluded from the gross income of the
beneficiary.
Tier III Distributions (Section 646(e)(3))
These are distributions considered to have been made by the
sponsoring ANC with respect to its stock.
Tier III distributions are taxable to beneficiaries as dividends,
to the extent of current or accumulated earnings and profits
of the sponsoring ANC (after adjustment for distributions
made by the sponsoring ANC during the year). Section
643(e) applies for purposes of determining the amount of a
Tier III distribution of property (other than cash).
Tier I Distributions (Section 646(e)(1))
These are distributions from the ANST to the extent of the
ANST's taxable income, reduced by any income tax paid by
the ANST on that income, and increased by any tax-exempt
interest income.
Tier IV Distributions (Section 646(e)(4))
These are distributions of any amounts that remain after
applying the above rules. They are considered as amounts in
excess of distributable net income for the year.
Tier I distributions are excluded from the gross income of the
beneficiary.
Tier II Distributions (Section 646(e)(2))
These are distributions of amounts that would have been Tier
I distributions in prior years (during which a section 646
Tier IV distributions are excluded from the gross income of
the beneficiary.
Paperwork Reduction Act Notice. We ask for the information on this form to carry out the Internal Revenue laws of the
United States. You are required to give us the information. We need it to ensure that you are complying with these laws and to
allow us to figure and collect the right amount of tax. You aren't required to provide the information requested on a form that is
subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books or records relating to a
form or its instructions must be retained as long as their contents may become material in the administration of any Internal
Revenue law. The time needed to complete and file this form will vary depending on individual circumstances. The estimated
average time is:
Recordkeeping
Learning about the law or the form
Preparing the form
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32 hr., 30 min.
2 hr., 39 min.
4 hr., 12 min.
16 min.
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Copying, assembling, and sending the form to the IRS
If you have comments concerning the accuracy of these time estimates or suggestions for making this form simpler, we
would be happy to hear from you. You can send us comments from IRS.gov/FormComments. Or you can send your comments
to Internal Revenue Service, Tax Forms and Publications, 1111 Constitution Ave. NW, IR-6526, Washington, DC 20224. Don’t
-11-
Instructions for Form 1041-N (Rev. 12-2022)