MI-1041 Fiduciary Income Tax Return E-filing your return is easy, fast, and secure! Tax preparers who complete 11 or more fiduciary tax returns are required to e-file all eligible returns supported by their software. Visit www.MIfastfile.org for more information on e-file services. WWW.MIFASTFILE.ORG UNCLAIMED PROPERTY. The Michigan Department of Treasury is holding millions of dollars in abandoned and unclaimed property belonging to Michigan residents. In the past three years nearly $387 million has been returned to rightful owners. To check if Treasury is holding funds for you or your family visit www.michigan.gov/unclaimedproperty. FILING DUE DATE: APRIL 18, 2023 (OR THE 15TH DAY OF THE FOURTH MONTH AFTER THE CLOSE OF YOUR TAX YEAR) WWW.MICHIGAN.GOV/TAXES MICHIGAN 2022 This booklet is intended as a guide to help complete your return. It does not take the place of the law. |
GENERAL INFORMATION New for 2022 Choose e-file Instead of Paper Returns Michigan Historic Preservation Tax Credit for Plans E-filing your Michigan fiduciary return is easy, fast, and Approved after December 31, 2020. If you received a secure. When e-filing federal and Michigan returns together, certificate of completed rehabilitation from the State Historic much of the same data is used, so information is entered only Preservation Office, see the instructions for line 15 of the once, lessening the possibility of error. Tax preparers who MI-1041 and Form 5803. complete 11 or more fiduciary tax returns are required to e-file all eligible returns. Visit www.MIfastfile.org for more Tax Assistance information on e-file services. When e-filing, do not mail a Internet Options paper copy of your return. Current year forms are available at www.michigan.gov/iit Where to Mail the Return Telephone Options Mail returns without payments to: You may also call 517-636-4486 to have current year forms Michigan Department of Treasury mailed to you, or if you have questions, to speak to a customer P.O. Box 30058 service representative. Lansing, MI 48909 Assistance is available using TTY through the Michigan Mail returns with payments to: Relay Service by calling 711. Michigan Department of Treasury Department 781041 Who Must File P.O. Box 78000 You must file a Michigan Fiduciary Income Tax Return Detroit, MI 48278-1041 (Form MI-1041) and pay the tax due if you are the fiduciary To ensure accurate processing of the return, send one for an estate or trust that was required to file a U.S. Form 1041 check for each return. Make the check payable to “State or 990-T or that had income taxable to Michigan that was not of Michigan.” Enter the FEIN of the estate or trust and taxable on the U.S. Form 1041. If no tax is due, you must file an “ informational MI-1041. The only exceptions are: 2022 MI-1041” on the front of the check. 1. Tax-exempt trusts unless the trust has unrelated business Penalty and Interest income attributable to Michigan. If the fiduciary payment is late, the Michigan Department of Note: Estates or trusts with a charitable purpose or charitable Treasury (Treasury) will add a penalty of 5 percent of the tax due. beneficiaries should contact the Michigan Department of After the second month, penalty will increase by an additional Attorney General, Charitable Trust Section at 517-335-7571 5 percent per month, or fraction thereof, up to a maximum of regarding filing requirements. 25 percent of the tax due. If the fiduciary payment is late, add penalty and interest to the amount due. For the latest interest rates 2. Common trust funds. The trustee must notify each visit, beneficiary of their portion of Michigan income from the fund www.michigan.gov/taxes. and of the gains and/or losses available to each under Section Capital Gains/Losses 271 of the Michigan Income Tax Act. Adjustments of Capital Gains and Losses (Form MI-1041D) must 3. Nonresident estate or trust with income from Michigan be used for the following: sources less than the federal exemption deduction. The • Capital gains election under Section 271 for property deductions are $600 for estates, $300 for trusts currently acquired before October 1, 1967; distributing all income, $4,300 for qualified disability trust and $100 for all other trusts. See Fiduciary Nonresident Schedule • Sale or exchange of U.S. obligations which cannot be taxed (MI-1041 Schedule NR) instructions for more information. by Michigan; or • Sale or exchange of property subject to allocation or 4. A grantor trust. When the grantor, or another person, is apportionment provisions. treated as the owner of the trust’s assets (Internal Revenue Code (IRC) sections 671 through 679), do not file an MI-1041. MI-1041, Schedule 4 must be completed if a capital gain/loss is Instead, the owner must report the trust’s income, deductions, distributed to beneficiaries and MI-1041D is filed. and credits on the owner’s Michigan Individual Income Tax Excess Business Loss Limitation Return (Form MI-1040). Estates or trusts with a federal excess business loss limitation 5. Michigan cannot impose an income tax on income must complete Michigan Excess Business Loss (Form MI-461). accumulated by a trust that became irrevocable by the death of Refer to instructions on Form MI-461 for further information the settlor (while a Michigan resident) when all of the following on adjustments to Michigan income. conditions are met: Tax Credits an Estate or Trust Can Claim • The trustee is not a Michigan resident. An estate or trust may be able to claim credits for each of the • The assets of the trust are neither held, located, nor following: administered in Michigan. • Income tax imposed by government units outside Michigan • The beneficiaries are all nonresidents. on income also taxed by Michigan. When to File • Michigan Historic Preservation Tax Credit (refundable or Fiduciary returns are due on or before April 18, 2023, or on the nonrefundable). Taxpayers eligible for this credit receive a 15th day of the fourth month after the close of the tax year. If certificate from the State Historic Preservation Office a refund is due, a return must be filed within four years of the indicating their eligibility. To claim this credit see the due date to obtain the refund. Keep a copy of the return and all Michigan Historic Preservation Tax Credit (Form 3581) or supporting schedules for six years. Michigan Historic Preservation Tax Credit for Plans Approved after December 31, 2020 (Form 5803). For information regarding certification, visit www.michigan. gov/shpo. 2 |
Resident and Nonresident Estates or Trusts If estimated payments are necessary, use the Estimated If a decedent was domiciled in Michigan at the time of death, Income Tax Voucher for Fiduciary and Composite Filers the estate is a resident estate. (Form MI-1041ES). Filing instructions are with the form. If a decedent was not domiciled in Michigan at the time of Do Not Use MI-1040ES to make estimated payments for an death, the estate is a nonresident estate. A trust created by the estate or trust. nonresident decedent’s will is a nonresident trust. Estimated payments are not required from a decedent’s estate If a trust was created by a grantor domiciled in Michigan at for any tax year ending before the date that is 2 years after the the time the trust becomes irrevocable, the trust is a resident decedent’s death. trust. If the grantor was not domiciled in Michigan at the time If a fiduciary fails to make required estimated payments, pays the trust became irrevocable, the trust is anonresident trust. late, or underpays, Treasury may charge penalty and interest. Amended Returns Penalty is 25 percent of the tax due (with a minimum of $25) To amend MI-1041, check the box at the top of the MI-1041 for failing to file estimated payments, or 10 percent (with a and explain the reason for amending. Include a copy of the minimum of $10) for underpaying estimated payments. Interest amended U.S. Form 1041 with all supporting schedules. is 1 percent above the prime rate and is computed monthly. The U.S. Form 1041 changes. Treasury must be notified of any rate is adjusted on July 1 and January 1. changes to the estate’s or trust’s U.S. Form 1041 if the items A financial institution that submits estimated payments through changed affect the Michigan liability. File an amended return the Federal Tax Deposit System on magnetic tape and acts within 120 days of the change and include payment of the tax as a fiduciary for 200 or more trusts must submit Michigan due. If there was an overpayment of tax, file an amended estimated payments on magnetic tape. An institution acting as return to request a refund. fiduciary for more than 49 and less than 200 trusts may make an irrevocable agreement to file magnetically. Extensions An extension of time to file may be requested by sending Farmland Preservation Tax Credits Treasury payment of the estimated tax liability with a copy There is no provision for a farmland preservation tax credit on of the federal extension. Treasury will extend the due date to the fiduciary return. If the fiduciary is claiming this credit, use the new federal due date. If a federal extension was not filed, the Michigan Farmland Preservation Tax Credit (Form 4594). file an Application for Extension of Time to File Michigan Tax Bankruptcy Estates Returns (Form 4) with the payment and Treasury will grant a Every trustee (or debtor-in-possession) for an individual’s 5 1/2 month extension for fiduciary returns. Treasury does not bankruptcy estate under Chapter 7 or 11, of the U.S. Code send a notice of approval. Title 11, who must file a U.S. Form 1041 must also file An extension of time to file is not an extension of time to an MI-1041. Use the MI-1041 only as a transmittal for the pay. If the tax due is underestimated and the payment made MI-1040. Write “Attachment to MI-1041: Do not detach” with the extension request is insufficient, interest is due on in the top margin of the MI-1040. Include the MI-1040 the unpaid amount. Interest is computed from April 18 (or behind the MI-1041. Complete only the identification area of the due date of the return) to the date the tax is paid. Interest MI-1041. Enter the name of the debtor on line 2 (e.g., “John is 1 percent above prime rate and is adjusted on July 1 and Smith, Public Bankruptcy Estate”). Enter the name of the January 1. trustee on line 4a and their title on line 4b (e.g., “Allen Snow, Treasury may charge a penalty of 10 percent or more if the Trustee”). Enter the trustee’s contact information on lines balance due is not paid with the extension request. 4c through 4f. On MI-1041, line 25, enter the amount from When MI-1041 is filed, include the amount of tax that was paid MI-1040, line 34. If applicable, enter on MI-1041, line 28, the with the extension request on line 21. Include a copy of the amount from MI-1040, line 37. Copies of the U.S. Forms 1040, federal or state extension. 1041, and all supporting schedules must be included with your Closing an Estate Michigan return. Before closing an estate, all taxes due must be paid on the Composite Filer Participants liability of the estate and of the decedent. You may then request Estates or trusts that participate on the Michigan Composite a tax clearance letter to close the estate by writing to: Individual Income Tax Return (Form 807) may be entitled to a Michigan Department of Treasury credit on their MI-1041 for their share of the Michigan income P.O. Box 30058 tax liability paid on Form 807. Enter the amount of Michigan Lansing, MI 48909 income tax paid on your behalf on MI-1041, line 20 and write “Composite Filing” next to line 20. Estimated Tax Payments In general, a fiduciary for an estate or trust must file quarterly estimated payments if the estate or trust is expected to owe more than $500 with the 2023 return after crediting any other refundable or nonrefundable credits, and amounts you paid through withholding. If the estate or trust owes more than $500, estimated payments may not have to be made if the estate or trust expects the 2023 withholding to be at least: • 90 percent of the total tax for 2023, • 100 percent of the total tax shown on the 2022 return, or • 110 percent of the total 2022 tax if the estate’s or trust’s taxable income for 2022 is more than $150,000. To figure the estate’s or trust’s taxable income, see the instructions for line 23 of the U.S. Form 1041. Total tax is the amount on the 2022 MI-1041, line 13. 3 |
LINE-BY-LINE INSTRUCTIONS Michigan’s fiduciary law is very similar to federal law. These Do not include taxes paid on income subtracted on lines 35 instructions include only those points of Michigan laws and through 38 of MI-1041 (e.g., rental or business income from procedures that differ from federal laws and procedures. another state). If credit is claimed for a Canadian provincial If a federal short-year return must be filed, a Michigan short- tax, file a Resident Credit for Tax Imposed by a Canadian year return must also be filed. Before preparing the MI-1041, Province (Michigan Form 777). Include copies of the complete the U.S. Form 1041 and all supporting schedules. appropriate Canadian federal T-3 fiduciary tax return, Foreign • All estate and trust filers must complete page 1. Tax Credit (U.S. Form 1116) and U.S. Form 1041. The credit is limited to the part of the Canadian provincial tax not used as • Resident estate and trust filers must complete Schedule 1 if a credit on the U.S. Form 1041. The credit is not available for tax applicable. paid to other foreign countries. • Complete Schedule 2 if income is distributed Line 14a: Enter the total income tax paid to other government • Complete Schedule 3 if income is distributed and there are units on income also taxed by Michigan. Include a schedule if adjustments on Schedule 1. tax was paid to more than one source. • If the resident estate or trust distributed a capital gain, Line 14b: Calculate the maximum allowable credit as follows: filers must also complete Schedule 4 and MI-1041D. 1. Divide out-of-state income subject to tax by both states by See “Capital Gains/Losses” on page 2. total income subject to Michigan tax. Nonresident estate or trust filers may omit lines 8 through 11 on 2. Multiply the amount of tax shown on line 13 by the result. page 1, Schedule 1 and Schedule 3. Nonresident estates or trusts 3. Enter the allowable credit, which is the smaller of: must complete MI-1041D (if applicable), Schedule 2, MI-1041 • The calculation or Schedule NR if any income is distributed, and Schedule 4 if the • The tax imposed by another government. estates or trusts distributed any capital gains or losses. Line 15: Michigan Historic Preservation Tax Credit Include a copy of the U.S. Form 1041 and all supporting Line 15a: If you are including Form 3581, enter the amount schedules with the Michigan return. from line 9. If you are including Form 5803, enter the amount Line numbers not listed are explained on the form. from line 7. PART 1: Name and Identification Line 15b: If you are including Form 3581, enter the amount from line 14. If you are including Form 5803, enter the amount Lines 1 through 7: Complete all items. Enter the full nine-digit Federal Employer Identification Number (FEIN). from line 12. Enter a mailing address that Treasury can use to request more Line 18: Enter amount from your 2022 Form 3581, line 16a or information or to issue a refund. 16b. PART 2: Income and Adjustments Line 19: For resident estates and trusts, take the allocated share of taxes reported to the estate or trust by a flow-through entity Line 8: Enter federal taxable income of the estate or trust whose tax year ends in 2022 and that elected to pay tax under from U.S. Form 1041, line 23, or U.S. Form 990-T, Part I, line 11. the Michigan flow-through entity tax and multiply that by the Line 9: Enter federal taxable income of Electing Small ratio of the flow-through entity business income tax base that Business Trusts from the ESBT Tax Worksheet attached to is retained by the estate or trust to the total flow-through entity the U.S. Form 1041. Include a copy of the worksheet with the business income tax base included in distributable net income. Michigan return. For nonresident estates and trusts, take 95.75% of the allocated Line 10: A fiduciary for a resident estate or trust should share of taxes reported to the estate or trust by a flow-through complete Schedule 1 if there are Michigan adjustments to entity and multiply that amount by the ratio of the flow-through federal taxable income. If no income was distributed, enter the entity business income tax base that is retained by the estate or amount from line 40 on line 10. If any income was distributed, trust to the total flow-through entity business income tax base complete Schedules 2 and 3. Enter the amount from line 42, included in distributable net income. column C, on line 10. Include a copy of the Schedule K-1 with its notes, or other Line 11: Capital Gain/Loss Adjustments for Resident supporting documentation received from the FTE, to support the Estates or Trusts. Enter the amount from MI-1041D, line 21, if credit claimed on this line. any (see “Capital Gains/Losses” on page 2). An electing flow-through entity that files a composite return Line 13: Tax. If line 12 is a negative number, enter “0” on on behalf of an estate or trust, should claim the credit on the line 13. composite return (Form 807). Do not claim that credit here. Line 20: State Income Tax Withheld. Use line 20 to claim a PART 3: Credits and Payments credit for any Michigan income tax withheld by: Line 14: Credit for Income Tax Paid to Another State. • An employer on wages and salaries of a decedent received Include the amount of income tax paid to: by the decedent’s estate • A nonreciprocal state • A payer of certain gambling winnings (for example, state • A local government unit outside Michigan, including tax lottery winnings) paid to local units located in reciprocal states • A payer of distributions from pensions, annuities, • The District of Columbia retirement or profit-sharing plans, IRAs, insurance • A Canadian province. contracts, etc., received by a decedent’s estate or trust. Include only income tax paid to another state on income • Michigan income tax paid on your behalf on a 2022 earned by a resident estate or trust and taxed by Michigan. Form 807, see “Composite Filer Participants” on page 3. Include a copy of the return filed with the other government Include a 2022 Michigan Fiduciary Withholding Tax Schedule unit with the MI-1041. (Form MI-1041 Schedule W) and all supporting documents. 4 |
Line 21: Payments. Enter the total estimated tax paid with the Line 33: Enter any adjustments not taken into account on lines 2022 MI-1041ES and any Michigan tax paid with an extension 29 through 32 as a positive number including the following request. (provide an additional schedule if necessary): Note: Michigan does not allow the estate’s or trust’s estimated • Gross expenses from the production of oil and gas or tax payments and/or withholding payments to be transferred to extraction of nonferrous metallic minerals subject to beneficiaries. Michigan severance tax to the extent deducted from Line 22: Enter the amount of the 2021 overpayment applied to federal taxable income this year’s tax from 2021 MI-1041, line 26. • Losses from a business or property located in another Line 23: This line is for amended returns only. Enter the state. Include a schedule or statement showing this refund and/or credit forward amount received on the original activity and the location. For assistance see “Michigan return as a negative number. Enter the amount paid with the Business, Rental & Royalty Activity Worksheet” original return as a positive number or “0” if applicable. Do not available on Treasury’s website If there are business include any interest or penalty paid with the original return. losses attributable to both Michigan and another state, they must be apportioned. Include a Michigan Schedule of PART 4: Balance Due or Refund Apportionment (MI-1040H). Line 25: Tax Due. If line 24 is less than line 17, enter the • Federal loss from MI-4797, line 17 difference. This is the tax owed with the return. The return • Michigan gain from MI-4797, line 17 must be filed even if the balance due is less than $1 and no • Loss from MI-461, line 9, column F payment is required. If e-filing the return with a tax due, make • Federal net operating loss (NOL) deduction that is included a payment using the Form MI-1041-V. on line 8. If penalty and interest are due for late payment of tax, enter SUBTRACTIONS these amounts on the appropriate lines. See “Penalty and Interest” on page 2. Add penalty and interest to the tax due and Line 35: Enter the income from U.S. government obligations enter the total. (e.g., U.S. Series E Bonds). This income may be subtracted even if it comes through a partnership, S corporation, or If the estate or trust owes more than $500 and was required another estate or trust. Include a schedule showing the source to file estimated payments, penalty and interest may be of the income from U.S. obligations (Treasury Bonds, Series E due for underpayment, late payment, or failing to pay bonds, etc.) and the amount of income from each source. estimated payments. Use Underpayment of Estimated Income Line 36: Enter income attributable to another state. If there Tax (Form MI-2210) to compute interest and penalty. If is business income sourced to Michigan and another state, the MI-2210 is filed, enter the interest and penalty amount on the income must be apportioned using the MI-1040H. Enter the line provided. Obtain complete instructions for MI-2210 from amount from MI-1040H, line 12. Filers with more than one the resources listed on page 2. form MI-1040H should combine the amounts from line 12 and Line 28: Refund. Subtract line 27 from line 26. This is the enter here. Include a schedule or statement showing the activity refund. The State does not refund amounts less than $1. and the location. For assistance, see “Michigan Business, SCHEDULE 1: Net Michigan Adjustment for Rental & Royalty Activity Worksheet” available on Treasury’s Resident Estates or Trusts website. Income reported on the MI-4797 and carried to the MI-1041D is business income and subject to apportionment, if ADDITIONS applicable. The following are examples of income attributed to Line 29: Enter gross interest and dividend income another state: from obligations or securities of states and their political • Net rents and royalties from real and personal property subdivisions other than Michigan. Include this interest income located or used in other states. from partnerships, S corporations, and other estates and trusts. • Business income included in taxable income that was Line 30: Enter taxes deducted on U.S. Form 1041, line 11, earned solely in other states. (Losses from an activity in which were imposed on or measured by income, such as state another state that have reduced federal taxable income or city income taxes. must be entered as a positive figure on line 33.) If you are a direct or indirect member of a flow-through entity Salaries, wages, and other compensation for personal services that elected to pay the Michigan flow-through entity tax, add are not business income. Resident estates cannot subtract your share of those taxes paid and reported to you by that salaries and wages earned by the decedent in another state. flow-through entity and deducted on the flow-through entity’s However, the estate may be entitled to a tax credit for tax federal tax return. If you apportioned this flow-through income imposed by another state. See line 14 instructions on page 4. using an MI-1040H, the apportionment percentage from line 8 should be applied to the tax reported by the flow-through Note: Capital gains from the sale of real or personal property entity. Include a copy of the Schedule K-1 with the notes, other or located in other states at the time of disposal are adjusted on supporting documentation received from the flow-through MI-1041D and factored into line 11. entity, to support your addition. Line 37: Enter expenses related to obligations of other An electing flow-through entity that files a composite return states not deducted on U.S. Form 1041 or not allowed as a on your behalf should report your addition on that composite deduction by IRC Section 265. Also enter interest expense on return (Form 807). Do not report the addition here. indebtedness incurred in carrying the obligations and related Line 32: Enter expenses and interest incurred in production expenses that were not used on U.S. Form 1041. of income from obligations of the U.S. government on Line 38: Enter any adjustments not taken into account U.S. Form 1041. Enter on this line any interest expense on on lines 35 through 37 as a positive number including the indebtedness incurred in carrying the obligations and any following (provide an additional schedule if necessary): related expenses that were deducted in arriving at federal • Gross income subject to Michigan severance tax from taxable income. the Michigan production of oil and gas or extraction of nonferrous metallic minerals to the extent included in federal taxable income 5 |
Example for Completing Schedule 3 For this example, the fiduciary has reported $5,000 on MI-1041 Schedule 1, line 40. A B C Federal Distributable Net Income Allocation of Net Michigan Adjustment Beneficiary Type of Income (Multiply amount on Identification from (Dividend, Interest, Location Percentage of Amount line 40 by percentage Schedule 2 Rent, etc.) (City, State) Amount in Column A in Column B) a. Lansing, MI $2,420 9.4642% $473 Interest and Rent b. Lansing, MI 20,550 80.3676% 4,018 Interest and Rent c. Lansing, MI 600 2.3465% 117 Interest and Rent 2,000 7.8217% 391 41. Fiduciary’s Share .................................................................................. $25,570 100% $5,000 42. Total. Include amounts from Form 5680 (if applicable) ........................ • Federal gain from MI-4797, line 17 federal distributable net income bears to the total federal • Michigan loss from MI-4797, line 17 distributable net income with the remaining portion going to the fiduciary. • Income from MI-461, line 9, column F If the estate or trust has no distributable net income for the • Michigan NOL taxable year, the net Michigan adjustment will be allocated in • If you are a direct or indirect member of a flow-through the proportion that each beneficiary’s share of the distributed entity that elected to pay the Michigan flow-through estate or trust income for the year bears to the total estate entity tax, subtract your share of a refund of that tax or trust income with the remaining portion going to the received by that flow-through entity and included in your fiduciary. (Distributed income includes amounts required to be distributive share. If you apportioned this flow-through distributed currently under local law or the terms of the estate income using an MI-1040H, the apportionment percentage or trust instrument, and any other amounts distributed.) from line 8should be applied to the refund reported by the Use Schedule 3 to compute this allocation. See Example for Completing Schedule 3 above. These percentages may not be flow-through entity. Include a copy of the Schedule the same as the distribution percentages listed in the estate or K-1 with its notes, or other supporting documentation trust instrument. received from the flow-through entity, on which the Complete column A for all beneficiaries before completing B, flow-through entity reported your allocated share of the then C. If you have more than 4 beneficiaries, continue those refund. entries on the 2022 Michigan Fiduciary Income Tax Information An electing flow-through entity that files a composite Continuation Schedule (Form 5680). return on your behalf should report your subtraction on that Identify each beneficiary using the lower-case beneficiary composite return (Form 807). Do not report the subtraction identification letter from Schedule 2. here. Column A: Enter the distributions reported to each Note: Retirement or pension benefits may not be subtracted. beneficiary on his or her U.S. Schedule K-1 in the columns Line 40: Subtract line 39 from line 34. If no income provided. Indicate the type of income such as dividends, was distributed, enter the amount from line 40 on line 10. interest, rents, etc. and include the location of the activity and Otherwise, complete Schedules 2 and 3. amount for each. If the income has multiple activity locations enter “various” as the location and provide support detailing the SCHEDULE 2: Beneficiary Identification type, locations, and amount, for each. For assistance, you may Note: Schedule 2 must be completed if any income is refer to the “Michigan Business, Rental & Royalty Activity distributed. Worksheet.” Enter the fiduciary’s share on line 42. The total on line 43 should equal the distributable net income reported on Enter in the appropriate column the name, residency status, U.S. Form 1041, Schedule B. address, and Social Security number or Federal Employer Column B: Divide each amount in column A by the total Identification Number (FEIN) of each beneficiary of the estate amount on line 43 and enter the percent in column B. or trust for both residents and nonresidents. Identify residents with an “R” and nonresidents with “NR.” When completing Column C: Multiply the amount on Schedule 1, line 40, by the rest of this form, use the lower-case letter (a, b, c, etc.) the percentage in column B. Enter the result in column C for to the left of each name to refer to a beneficiary listed in each beneficiary and the fiduciary. Carry the fiduciary’s share Schedule 2. If you have more than 4 beneficiaries, continue (line 42) to Part 2, line 10. The total on line 43C must equal the those entries on the 2022 Michigan Fiduciary Income Tax amount on Schedule 1, line 40. Information Continuation Schedule (Form 5680). SCHEDULE 4 - Capital Gain or (Loss) Distributed SCHEDULE 3: Allocation of Net Michigan to Beneficiaries When Form MI-1041D Is Filed Adjustment for Resident Estates or Trusts Complete Schedule 4 if capital gains or losses have been If income is distributed, the net Michigan adjustment for distributed to beneficiaries and MI-1041D was completed. resident estates or trusts from MI-1041, line 40, must be Identify each beneficiary using the lower-case beneficiary allocated in the proportion that each beneficiary’s share of identification letter from Schedule 2. 6 |
Column A: (Federal) Enter each beneficiary’s share of capital gain/loss as reported on U.S. Form 1041 Schedule K-1. OTHER INFORMATION Column B: (Michigan) Enter each beneficiary’s share of For the Fiduciary capital gain/loss as recomputed on Form MI-1041D. The fiduciary must provide a U.S. Schedule K-1 to each Line 44: Enter the total of all beneficiaries’ shares in beneficiary. The fiduciary must also provide notice of the federal and Michigan columns. This must equal the Michigan adjustments to each beneficiary. The notice may be noted on a copy of the U.S. Schedule K-1 or a separate letter beneficiaries’ amounts reported on U.S. Form 1041 Schedule D Part III, column (1) or Form MI-1041D, line 15, column C. to each beneficiary. If a letter is used, it must include the name and federal identification number of the estate or trust. Signatures and Declarations Each beneficiary must be advised of his or her share of the following: The fiduciary or the officer representing the fiduciary must sign the return. Before mailing the return: • Michigan adjustments from resident estates or trusts. • Verify that all forms are completed using the correct tax • Michigan income from nonresident estates or trusts. year. • Capital gains/losses available for adjustment under Section • Include all required Michigan attachments. 271 of the Michigan Income Tax Act. • The corresponding U.S. Form 1041 and all supporting For the Beneficiary schedules must also be included. Both resident and nonresident beneficiaries may have an When You Have Finished obligation to file a Michigan income tax return. Refer to the Sign the return MI-1040 instruction booklet to determine individual filing A tax preparer must include the name, address, telephone requirements. number of the firm he or she represents, and preparer tax If an MI-1040 is required, include copies of the following: identification number or federal employer identification • U.S. Schedule K-1 including footnotes and statements. number. Check the box to indicate if Treasury may discuss • The letter received from the fiduciary notifying the your return with your preparer. beneficiary of Michigan adjustments or Michigan income. The Taxpayer Protection Act requires paid preparers to sign the return and provide his or her preparer tax identification • MI-1040D, if the beneficiary is eligible to adjust gains and number. Additional information on the Taxpayer Protection losses under Section 271 of the Michigan Income Tax Act. Act is available at www.michigan.gov/taxes. Note: Excess deductions available upon termination of A paid preparer must not engage in any fraudulent tax an estate or trust may be passed on to the beneficiaries. activity. Any concerns related to fraudulent activity of a paid They are reported on U.S. Form 1040,Schedule A , and do preparer may be reported to the Michigan Department of not reduce federal adjusted gross income (AGI). However, Treasury, Fraud Unit, P.O. Box 30140, Lansing, MI 48909. itemized deductions are not an allowable subtraction on the Michigan return. Michigan follows the federal guidelines regarding the termination of an estate or trust and the treatment of any unused NOL carryover. To be eligible to claim the unused NOL carryover, a copy of the final U.S. Form 1041 Schedule K-1 must be provided. 7 |