Ariz. Admin. Code § R15-2F-101 - Fiduciary Returns
A. In cases in
which the gross income of the estate or trust is $5,000 or more, a copy of the
will or trust instrument sworn to by the fiduciary as a true and complete copy
must be filed with the fiduciary return of the estate or trust together with a
statement by the fiduciary indicating the provisions of the will or trust
instrument which in his opinion determine the extent to which the income of the
estate or trust is taxable to the estate or trust, the beneficiaries, or the
grantor respectively. However, if a copy of the will or trust instrument and
statement relating to the provisions of the will or trust instrument have once
been filed, they need not be filed again if the fiduciary return contains a
statement showing when they were filed. If the trust instrument is amended in
any way after such copies have been filed, a copy of the amendment must be
filed with the return for the taxable year in which the amendment was made. In
addition, the fiduciary must attach a statement to the copy of the amendment
indicating the effect, if any, in his opinion of such amendment on the extent
to which the income of the estate or trust is taxable to the estate or trust,
the beneficiaries, or the grantor, respectively.
B. A certificate that all taxes due or to
become due from the decedent or estate for whom a fiduciary acts have been paid
or secured will not be issued unless all the following requirements are
complied with:
1. A return must be filed by or
on behalf of the decedent and for the estate for each taxable year in which the
respective incomes of the decedent or estate exceeded the requirements for
filing returns.
2. Although it is
possible that no tax will become due from an estate for the year in which it is
distributed, since all the income of the estate may be either properly paid or
credited to the beneficiaries and hence deductible, a return for each year must
be filed at the time the certificate is requested, regardless of the amount of
gross or net income for such year. Such return must disclose all income to be
distributed to beneficiaries upon the final distribution of the estate as well
as income property paid or credited to beneficiaries during the year covered by
the return and prior to final distribution.
3. A statement under declaration of perjury
must be made by the fiduciary on the request for certificate, regarding the
status of returns filed by or on behalf of the decedent or for the estate for
the 4 taxable years immediately preceding the date a certificate is requested.
The statement required should indicate the years for which returns were filed
or indicate the years for which the gross and net incomes were less than the
amount necessary to require the filing of returns. If additional information is
required, a supplemental statement will be requested.
Notes
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