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Level 2
June 5, 2023
Question

ESBT Issue with multiple states and non-ESBT income

  • June 5, 2023
  • 2 replies
  • 13 views

I am trying to prepare a 1041.  The trust owns shares of an s corp that made an ESBT election.

The income from the ESBT is from a different state than the resident state of the trust.  The resident state has additional investment income.  I cannot seem to get the correct state income for each state.  Plus, the K-1 income from the s corp is being counted twice on the federal return when I switch to a complex trust type return.    

Anyone have any solutions or workarounds?

Thanks.

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2 replies

sjrcpa
Level 15
June 5, 2023

I think you have to do two  1041s in Lacerte - one for the ESBT part and one for the complex trust part. Then mush them together using overrides to get the total tax. Then paper file after you insert all of the correct pages..

The more I know the more I don’t know.
NilguhmAuthor
Level 2
June 5, 2023

I will give that a try.  

Thanks.

sjrcpa
Level 15
June 5, 2023

Good luck. It was no fun when I had to do it years ago.

The more I know the more I don’t know.
Level 5
June 7, 2023

See Lacerte instructions here: https://proconnect.intuit.com/support/en-us/help-article/federal-taxes/electing-small-business-trust-esbt-corp-portion/L17BKKVez_US_en_US?uid=lilshery

States can have very different tax schemes when it comes to ESBTs and you may need more than 2 files (I have a 1041 with a federal file 'S-Portion', a federal file to incorporate the ESBT tax and non-ESBT items, and a separate state file).