Irrevocable Trust Taxes

Hi,

My Mom passed away 12/26/23 in AZ. She had a Living Trust and she had put her home and a bank account in the trust. When she passed it became an Irrevocable Trust (making me the trustee and the only beneficiary).
I filed a EIN for the Irrevocable Trust for December 2022.

Since my Mom passed, it was only 5 days for the trust, for 2022, so no distributions were made. Do I have to file a 2022 Tax Return for the Trust?

If I have to file a tax return for the trust what forms do I use? Do have to list all of her assets?

Going forward, i want to sell the house. I guess I have the option of putting the house in my personal name and selling it, or should I leave it in the trust and then sell it? Which option would be the best tax strategy?

What would be my basis in the house either way?

If house is sold within the trust even if it makes a capital gain more than what it was worth when Mom passed it still considered principal and when distributed to me not taxable right?

If the trust made income and that was distributed to me that would be taxable to me right?

Thanks!

D



  • Sorry, cannot help you with this as it is far outside the subject matter of this forum.  That said, Form 1041 can be complex and is normally filed by tax firms, often by a CPA. Unless you have had special instruction with respect to filing a 1041, you should spend the money to have the return professionally prepared.
  • Often, while the trust was revocable and Mom was alive, all was probably reported on her 1040, but if trust gross income was under $600 for the 5 days left in 2022 under the trust TIN, there would be no 1041 required for those 5 days.

Thanks Allen!

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