Sections 6011 & 6012 of the
Internal Revenue Code (IRC) require entities to prepare and file
estate and trust income tax returns. These forms and related
schedules are used by estate and trust to report income and other
compensation subject to tax as well as to report and disclosure
taxes paid. Treasury Regulations section 1.6011-1 explains that
every person subject to any tax, or required to collect any tax,
under Subtitle A of the Code, shall make such returns or statements
as are required by the regulations. The return or statement shall
include therein the information required by the applicable
regulations or forms. Section 1.6012-3 explains the general
guidelines for estates and trusts required to make returns of
income.
US Code:
26
USC 6012 Name of Law: Persons required to make returns of
income
US Code: 26
USC 641 Name of Law: Imposition of tax
US Code: 26
USC 671 Name of Law: Trust income, deductions, and credits
attributable to grantors and others as substantial owners
US Code: 26 USC
59 Name of Law: Other definitions and special rules
PL:
Pub.L. 115 - 97 14103 Name of Law: Tax Cuts and Jobs Act
US Code: 26
USC 652 Name of Law: Inclusion of amounts in gross income of
beneficiaries of trusts distributing current income only
US Code: 26
USC 662 Name of Law: Inclusion of amounts in gross income of
beneficiaries of estates and trusts accumulating income or d
US Code: 26
USC 55(a) Name of Law: Alternative Minimum Tax Imposed
US Code: 26
USC 643(g) Name of Law: Definitions applicable to subparts A,
B, C, and D; Certain payments of estimated tax treated as pai
US Code: 26
USC 666 Name of Law: Accumulation distribution allocated to
preceding years
US Code: 26
USC 677 Name of Law: Income for benefit of grantor
US Code: 26
USC 679 Name of Law: Foreign trusts having one or more United
States beneficiaries
US Code: 26
USC 6654 Name of Law: Failure by individual to pay estimated
income tax; Addition to the Tax
PL: Pub.L. 119 - 12 70106 Name of Law: One
Big Beautiful Bill Act
Form 8933 Schedule C, Form 8933 Schedule D, Form 8933 Schedule
E, Form 8933 Schedule F, Form 8936 , Form 8936 Schedule A, Form
8938, Form 8941 , Form 8949, Form 8960 , Form 8964-TRA, Form
8964-ELE, Form 8975, Form 8975 Schedule A, Form 8978, Form 8978
Schedule A, Form 8992, Form 8992 Schedule A, Form 8994, Form 8995 ,
Form 8995-A , Form 8995-A Schedule A, Form 8995-A Schedule B, Form
8995-A Schedule C, Form 8995-A Schedule D , Form 8997, Form T
(Timber), 1041 Schedule K-1, 1041 Schedule J, Form 8855, Form 461,
Form 8933 Schedule B, Form 8865 Schedule K-1, Form 8903, Form 1065
Schedule D, Form 1065 Schedule K-2, Form 926, Form 965-A, Form 970,
Form 982, Form 1116, Form 1116 Schedule B, Form 1116 Schedule C,
Form 2210, Form 2210-F, Form 2439, Form 3115 , Form 3468, Form
3800, Form 3800 Schedule A, Form 4136, Form 4255, Form 4562, Form
4684, Form 4797, Form 4952, Form 4970, Form 4972 , Form 5213 , Form
5227, Form 5329, Form 5471, Form 5471 Schedule E, Form 5471
Schedule G1, Form 5471 Schedule H, Form 5471 Schedule I1, Form 5471
Schedule J, Form 5471 Schedule M, Form 5471 Schedule O, Form 5471
Schedule P, Form 5471 Schedule Q, Form 5471 Schedule R, Form 5713,
Form 5713 Schedule B , Form 5713 Schedule C, Form 5884, Form 6198,
Form 5884-A, Form 6765, Form 6252, Form 6478, Form 6781, Form 7203,
Form 7204, Form 7205, Form 7207, Form 7210, Form 7211, Form 7213,
Form 7217, Form 7218, Form 7220, Form 8082, Form 8275, Form 8275-R,
Form 8283, Form 8582, Form 8582-CR, Form 8586, Form 8594, Form
8609, Form 8609-A, 1041, 1041 Schedule D, 1041 Schedule I, 1041-A,
1041-ES, 1041-ES OCR, Form 1041-N, Form 1041-QFT, Form 1041-T, Form
1041-V, Form 172, Form 1040 Schedule C, Form 1040 Schedule E, Form
1040 Schedule F, Form 1040 Schedule H, Form 1045, Form 1062, Form
1062 Schedule A, Form 8611, Form 8621, Form 8621-A, Form 8697, Form
8824, Form 8801, Form 8820, Form 8825, Form 8825 Schedule A, Form
8826, Form 8829, Form 8830, Form 8833, Form 8834, Form 8835 , Form
8838, Form 8838-P, 8453-FE, 8453-TR, Form 8844, Form 8845, Form
8846 , Form 8858, Form 8858 Schedule M, Form 8864, Form 8865, Form
8865 Schedule G, Form 8865 Schedule H, Form 8865 Schedule K-2, Form
8865 Schedule K-3, Form 8865 Schedule O , Form 8865 Schedule P,
Form 8866, Form 8873 , Form 8874, Form 8879-F, Form 8881 , Form
8882, Form 8883, Form 8886 , Form 8896, Form 8900, Form 8904, Form
4136 Schedule A, Form 8906, Form 8908, Form 8910, Form 8911, Form
8911 Schedule A, Form 8912, Form 8923, Form 8932, Form 5713
Schedule A, Form 8990 , Form 8933, Form 8933 Schedule A
The year-over-year change in
burden is analyzed and reported by technical adjustments,
legislative adjustments, and agency adjustments. Changes Due to
Technical Adjustment: The majority of the year-over year change in
burden is due to technical adjustments. The table provided below
breaks down the major changes by technical adjustment type. Updates
to FY2025 estimates resulted in an 8.4% increase in total monetized
burden. This net increase is primarily driven by a revision to the
monetization rate and an increase in the aggregate filer count, the
composition of the underlying tax return data, and revised
legislative estimates based on filing data. The Fiscal Year 2026
population adjustments transition the underlying data file from
Fiscal Year 2025 to Fiscal Year 2026 which includes aging the data
for macroeconomic factors and adjusting weights to account for
changes in the year-over-year population differences. These changes
resulted in a net increase to total monetized burden of 1.9%. This
includes a decrease of 0.5% in the filer population, a decrease of
0.4% in time burden, and 1.9% increase out-of-pocket costs.
Altogether, these technical adjustments increased total monetized
burden by 10.3%. This includes a 1.4% decrease in time burden and a
10.4% increase in out-of-pocket costs. Changes Due to Legislative
Adjustment: There are two legislative adjustments that may have a
material effect on burden relative to a current policy baseline.
These include new 1099-DA reporting requirements and changes
associated with Pub. L. 119-21 (One Big Beautiful Bill Act). Trusts
and Estates receiving Form 1099-DA is expected to increase total
monetized burden by 1.4%. This includes a 1.2% increase in time
burden and a 1.4% increase out-of-pocket costs. The overall impact
of the One Big Beautiful Bill Act is a small decrease in total
monetized burden of 0.9%. This includes a decrease in time burden
of 0.2% and a decrease in out-of-pocket costs of 1.0% and is driven
by burden associated with Sections 70433 (Increase in Threshold for
Requiring Information Reporting with Respect to Certain Payees),
70502 (Termination of Clean Vehicle Credit), and 70503 (Termination
of Qualified Commercial Clean Vehicle Credit). Altogether,
adjustments due to legislative changes are expected to increase
total monetized burden by 0.5%. This includes a 1.1% increase in
time burden and a 0.4% increase in out-of-pocket costs. Changes Due
to Agency Adjustment: There were no independent and significant
year-over-year Agency changes impacting the burden calculations for
this collection.
$12,098,046
No
Yes
Yes
No
No
No
No
Trene Cheek 240 613-5701
trene.d.cheek@irs.gov
No
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.