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Tax Law (Questions About Taxes)/Irrevocable Trust Tax Return


My father-in Law set up a family trust and placed his house in the trust. He passed away in 2007 and was survived by his wife. My Mother-in-law passed away a year ago this October.
I think we might be a little late in filing a tax return for the Trust which I understand became irrevocable upon the passing of my Mother-in Law.
To complicate things, we are renting the house while waiting for the market to improve for an ultimate sell of the house.
Can you give me some guidance on how best to proceed and time frames involved.
Thank you,


Thanks for your question.

You will need to file a Form 1041 Trusts and Estate Return for 2011 and 2012, including the rental activity on the return, along with any other income items and distributions.

You probably still have the ability to set the Trust tax year, so if you set it for Oct 1 - Sept 30, the 2011 return can still be filed on a timely basis.  Assuming a Sept 30 year end, the return would be due Jan 15, 2013 for the first year.

Hope this helps.

John Stancil,CPA

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John Stancil, CPA


I can answer questions on personal income taxes, partnerships, and some corporate income taxes. I can deal with some state tax questions. Limited gift and estate tax questions. I am also familiar with ministerial and church tax reporting issues. I am Professor Emeritus at Florida Southern College. Sales taxes and property taxes are state and local issues so I am not likely be be able to give you an in depth answer on those types of taxes. I have maintained a CPA practice, specializing in tax, for over 35 years. I am a member of the National Association of Tax Professionals, The Florida Insititute of CPA's, The NCPE Fellowship. In addition I am a Certified Mentor for SCORE. Visit my website at I also offer seminars and consultations to churches and clergy on their tax issues at Also visit my blog, I am listed on Tax Connections at Prepare and file your own taxes at


I hold a doctorate in Accounting, and am a CPA. My certifications of CIA, CFM, and CMA are inactive. I passed all certification examinations on the first attempt, and received honorable mention for my scores on the CIA exam. I have operated a CPA firm for over 37 years and have taught accounting and tax at the college level for over 35 years.

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