Estate and Trust Tax Rates and Reporting Rules for Tax Year 2022 (2024)

Trusts and estates are taxed on income they earn at their own rates

Updated on January 27, 2023

Reviewed by

Ebony J. Howard

Estate and Trust Tax Rates and Reporting Rules for Tax Year 2022 (1)

Reviewed byEbony J. Howard

Ebony Howard is a certified public accountant and a QuickBooks ProAdvisor tax expert. She has been in the accounting, audit, and tax profession for more than 13 years, working with individuals and a variety of companies in the health care, banking, and accounting industries.

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Fact checked byLars Peterson

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In This Article

  • Income Tax Return for Estates and Trusts
  • Which Estates and Trusts Must File Form 1041?
  • Estate and Trust Income Tax Brackets
  • Income Taxes Aren't the Same as Estate Taxes
  • Frequently Asked Questions (FAQs)

Estate and Trust Tax Rates and Reporting Rules for Tax Year 2022 (2)

Estates and trusts are taxed on the income they earn, just like everyone else. A deceased individual might have owned stocks, bonds, rental property, or other interest- and dividend-producing assets at the time of their death. These assets become "owned" by their estate when the individual dies. Any income generated by the assets after the death must be reported by the trust or estate.

Key Takeaways

  • Estates and trusts are taxed on the income they earn and are required to file IRS Form 1041, theU.S. Income Tax Return for Estates and Trusts.
  • Estates and trusts follow their own tax rates and income brackets, which are indexed for inflation each tax year.
  • The tax rates and brackets are not the same as estate tax thresholds and exemptions. The tax rates and brackets only apply to income earned by trusts or estates before assets are transferred to beneficiaries.

The Income Tax Return for Estates and Trusts

Estates and trusts that generate income during the year are subject to tax rates set by the federal government. They're required to file IRS Form 1041, theU.S. Income Tax Return for Estates and Trusts. The tax brackets are adjusted each year for inflation, just as personal income tax brackets are.

Form 1041 isn't required if all income-producing assets pass directly to a beneficiary after death. This might be the case with real estate owned jointly with the right of survivorship or an individual retirement account (IRA) that passes directly to a spouse.

Note

Trusts and estates can take certain deductions on their returns, just as other taxpayers can. They can claim a deduction for any asset that's transferred to a beneficiary.

Income distributions are reported on Schedule K-1, which is sent to the recipient. The IRS receives a copy as well. The asset is then reportable by the beneficiary as income after distribution.

Which Estates and Trusts Must File Form 1041?

Estates with a gross income of $600 or more for the tax year and those with any beneficiary who's a nonresident alien are required to file IRS Form 1041.

Trusts that have any taxable income at all, that have a gross income of $600 or more regardless of taxable income, or with any beneficiary who is a nonresident alien are required to file Form 1041 as well.

Note

An estate must request a tax ID number in order to file these documents and to transact other business. The ID number is the employer identification number (EIN) regardless of whether the estate actually employs anyone. Estate executors can apply to the IRS for an EIN by mail, fax, or online.

Estate and Trust Income Tax Brackets

Below are the tax rates and income brackets that would apply to estates and trusts that were opened for deaths that occurred in 2022. They would apply to the tax return filed in 2023.

Income BracketTax Rate
$0 to $2,75010% of income over $0
$2,750 to $9,850$275 + 24% of income over $2,750
$9,850 to $13,450$1,979 + 35% of income over $9,850
$13,450 or more$3,239 + 37% of income over $13,450

Income Taxes Aren't the Same as Estate Taxes

These tax rates and brackets shouldn't be confused with estate tax thresholds and exemptions. They apply only to income earned by trusts or estates before assets are transferred to beneficiaries. The estate tax applies to the estate's overall value and requires filing IRS Form 706, theU.S. Estate (and Generation-Skipping Transfer) Tax Return.

Only estates valued at more than $12.06 million were subject to the estate tax in 2022. This threshold is also indexed for inflation. It increases to $12.9 million for deaths that occur in 2023.

Frequently Asked Questions (FAQs)

What is the difference between a trust and an estate?

A trust is a type of relationship or arrangement where a third party holds title to property or assets on behalf of a beneficiary. A trust can be formed under state law. It usually avoids probate. An estate is the term used for a person's property after they die. An estate may include a person's house, assets, personal items, and more.

What is the highest trust and estate tax rate?

The highest trust and estate tax rate is 37%. It applies to income of $13,450 or more for deaths that occur in 2022. The tax rate works out to be $3,146 plus 37% of income over $13,450. IRS Form 1041 gives instructions on how to file.

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Estate and Trust Tax Rates and Reporting Rules for Tax Year 2022 (2024)

FAQs

Estate and Trust Tax Rates and Reporting Rules for Tax Year 2022? ›

2022 Ordinary Income Trust Tax Rates

In 2022 the federal government taxes trust income at four levels: 10%: $0 – $2,750. 24%: $2,751 – $9,850. 35%: $9,851 – $13,450.

What are the trust tax brackets for 2022? ›

2022 Ordinary Income Trust Tax Rates

In 2022 the federal government taxes trust income at four levels: 10%: $0 – $2,750. 24%: $2,751 – $9,850. 35%: $9,851 – $13,450.

What is the IRS rate for estate and trust tax? ›

For tax year 2023, the 20% maximum capital gains rate applies to estates and trusts with income above $14,650. The 0% and 15% rates apply to certain threshold amounts. The 0% rate applies to amounts up to $3,000. The 15% rate applies to amounts over $3,000 and up to $14,650.

Do I need to file both a 1040 and 1041? ›

When filing as an executor of estate, on the Form 1040, include only income and expense items up to the date of death. You'll also file a return for the estate on Form 1041. Include only income and expense items after the date of death.

Are estates and trusts subject to income taxation? ›

Summary. Trusts and estates are separate, fiduciary entities for income tax purposes. The trustee or executor, known as the fiduciary, reports the income earned by the trust or estate on a fiduciary income tax return (Form 1041) and pays the tax due.

Do beneficiaries pay taxes on trust distributions? ›

When a portion of a beneficiary's distribution from a trust or the entirety of it originates from the trust's interest income, they generally will be required to pay income taxes on it, unless the trust has already paid the income tax.

How to calculate tax due on form 1041? ›

You'll subtract deductions from income and then use Schedule G of Form 1041 to calculate the tax owed. You can then subtract any tax payments that have already been made or withheld, any penalty owed (if applicable) or the amount overpaid (if applicable).

How are deceased estates taxed? ›

The Deceased and their Estate have essentially the same requirements to lodge a tax return as any other taxpayer. The most effective way to assess whether a tax return is required is to ask yourself: 'If this were my own financial circ*mstances, would I need to lodge a tax return?

What is the IRS interest rate on estate tax? ›

(a) In general. Section 503(a)(1) of the Act amends § 6601(j) to provide a 2-percent interest rate on the "2- percent portion" (defined below) of deferred estate tax. The interest rate on deferred estate tax in excess of the 2-percent portion is 45 percent of the underpayment rate determined under § 6621.

Do beneficiaries pay federal estate tax? ›

In conclusion, while beneficiaries generally do not have to pay taxes on inheritance in California, there are still essential tax considerations to remember.

What is the difference between an estate tax return and a trust tax return? ›

Each works in critically different ways. Estates make a one-time transfer of your assets after death. Trusts, meanwhile, allow you to create an ongoing transfer of assets both before and after death.

Do you file both a 706 and 1041? ›

In the United States, we have two types of taxes as they relate to death–Form 706, often referred to as an estate tax return, and Form 1041, an income tax return for estates and trusts. These two forms serve different purposes and both, one, or neither may need to be filed when someone passes away.

Does form 1041 have to be filed every year? ›

If you're wondering when to file 1041 Forms, you should file it each year the estate is open. As long as the estate exists, a Form 1041 should be filed. The due date for filing a 1041 falls on tax day.

What is the IRS tax rate on trust income? ›

Below is a breakdown of these rates and brackets: $0 – $2,900: 10% $2,901 – $10,550: 24% $10,551 – $14,450: 35%

What is the IRS income tax rate for estates? ›

Also known as the "death tax," the federal estate tax is a tax that's levied on a dead person's inherited assets. The estate tax ranges from rates of 18% to 40% and generally only applies to assets over $13.61 million in 2024.

What assets are not subject to estate tax? ›

Most relatively simple estates (cash, publicly traded securities, small amounts of other easily valued assets, and no special deductions or elections, or jointly held property) do not require the filing of an estate tax return.

What is the tax preferred amount of the trust? ›

A tax-preferred amount – The 'tax-preferred amount' broadly refers to income of a closely held trust for trust law purposes that is not included in its net (taxable) income, as well as capital of the trust.

Is there a standard deduction for a trust? ›

However, the standard deduction available to an estate or trust is zero ( Code Sec. 63(c)(6)(D)). In addition, special rules govern the computation of certain deductions and the allocation of deductions between the beneficiaries and the estate or trust ( ¶530— ¶538).

What is the simple trust exemption amount for 2022? ›

An estate is allowed a $600 deduction in place of the personal exemption provided by IRC § 151. A trust that is required to distribute all of its income currently (a simple trust) is allowed a $300 deduction; and all other trusts are allowed a $100 deduction (IRC § 642(b)).

What is the net investment income tax threshold for trusts? ›

Net Investment Income Tax (NIIT) Thresholds

For 2024, this amount is $15,200, which is up from $14,450 in 2023. The IRS stipulates that there are a few types of trusts not subject to the NIIT, including: Trusts that are exempt from income taxes. Grantor trusts.

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