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Level 2
March 30, 2024
Question

1041 Estate K-1 Question

  • March 30, 2024
  • 2 replies
  • 16 views

I want to preface that I don't usually dabble with 1041s so this is new to me. I have a client who bought out a cottage from his deceased mother's estate (his 9 sibling also had a shar of it that he bought out). I was under the impression that this would trigger K-1s for all the siblings but the software is computing any. Instead, it is having the estate pay taxes on the capital gains. I guess my question is, is this correct? Am I doing something wrong? If the estate is paying the taxes, would the siblings not get a K-1 from any money distributed after the sale?

 

Any help is appreciated. I typically just stick with 1040s but thought I had a decent understanding of this. So if I'm wrong, I'd like to know where I went wrong.

 

Thanks y'all

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2 replies

BobKamman
Level 15
March 30, 2024

It depends on local (state) law but usually capital gains are taxed to the trust or estate; only "other income" flows through to the beneficiaries.  Unless it's the 1041 final return.  Is it?  Have you marked it as Final?

Level 2
March 30, 2024

Hi Bob, thanks for your response. I did not check off Final Return, after doing so still no K-1s popping up for any of the kids. So again, I'm convinced I'm doing something wrong here. Unless I suppose the K-1s won't automatically populate and I have to do it?

sjrcpa
Level 15
March 30, 2024

You probably have a Diagnostic telling you to distribute the gain to the beneficiaries.

EDIT: In Lacerte you would. I don't know about ProSeries.

The more I know the more I don’t know.
sjrcpa
Level 15
March 30, 2024

How soon after death did he buy his siblings' shares? Are you using date of death FMV as basis?

I wouldn't expect a gain unless the estate has held the property for a long time.

The more I know the more I don’t know.
Level 2
March 30, 2024

Hi, so yes the cottage has been in the Estate's possession since Sept 2018. The one brother bought it out November of 2023.

sjrcpa
Level 15
March 30, 2024

That explains the gain.

The more I know the more I don’t know.