Enlarge image | OMB No. 1545-0192 Tax on Accumulation Distribution of Trusts Form 4970 Department of the Treasury Attach to beneficiary’s tax return. 2022 Internal Revenue Service Go to www.irs.gov/Form4970 for the latest information. Attachment Sequence No. 178 A Name(s) as shown on return B Social security number C Name and address of trust D Employer identification number E Type of trust (see instructions) F Beneficiary’s date of birth G Enter the number of trusts from which you received Domestic Foreign accumulation distributions in this tax year . . . . . Part I Average Income and Determination of Computation Years 1 Amount of current distribution that is considered distributed in earlier tax years (from Schedule J (Form 1041), line 37, column (a)) . . . . . . . . . . . . . . . . . . . . . . . 1 2 Distributions of income accumulated before you were born or reached age 21 . . . . . . . . 2 3 Subtract line 2 from line 1 . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Taxes imposed on the trust on amounts from line 3 (from Schedule J (Form 1041), line 37, column (b)) . 4 5 Total (add lines 3 and 4) . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Tax-exempt interest included on line 5 (from Schedule J (Form 1041), line 37, column (c)) . . . . 6 7 Taxable part of line 5 (subtract line 6 from line 5) . . . . . . . . . . . . . . . . . . 7 8 Number of trust’s earlier tax years in which amounts on line 7 are considered distributed . . . . 8 9 Average annual amount considered distributed (divide line 3 by line 8) . . . 9 10 Multiply line 9 by 25% (0.25) . . . . . . . . . . . . . . . . 10 11 Number of earlier tax years to be taken into account (see instructions) . . . . . . . . . . . 11 12 Average amount for recomputing tax (divide line 7 by line 11). Enter here and in each column on line 15 12 13 Enter your taxable income before (a) 2021 (b) 2020 (c) 2019 (d) 2018 (e) 2017 this distribution for the 5 immediately preceding tax years. Part II Tax Attributable to the Accumulation Distribution (a) (b) (c) 14 Enter the amounts from line 13, eliminating the highest and lowest taxable income years . . . . . . . . . . . . . . . 14 15 Enter amount from line 12 in each column . . . . . . . . . 15 16 Recomputed taxable income (add lines 14 and 15) . . . . . . 16 17 Income tax on amounts on line 16 . . . . . . . . . . . 17 18 Income tax before credits on line 14 income . . . . . . . . 18 19 Additional tax before credits (subtract line 18 from line 17) . . . 19 20 Tax credit adjustment . . . . . . . . . . . . . . . 20 21 Subtract line 20 from line 19 . . . . . . . . . . . . . 21 22 Alternative minimum tax adjustments . . . . . . . . . . 22 23 Combine lines 21 and 22 . . . . . . . . . . . . . . 23 24 Add columns (a), (b), and (c), line 23 . . . . . . . . . . . . . . . . . . . . . . . 24 25 Divide the line 24 amount by 3.0 . . . . . . . . . . . . . . . . . . . . . . . . 25 26 Multiply the amount on line 25 by the number of years on line 11 . . . . . . . . . . . . . 26 27 Enter the amount from line 4 . . . . . . . . . . . . . . . . . . . . . . . . . 27 28 Partial tax attributable to the accumulation distribution (subtract line 27 from line 26) (If zero or less, enter -0-) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 For Paperwork Reduction Act Notice, see the instructions. Cat. No. 13180V Form 4970 (2022) |
Enlarge image | Form 4970 (2022) Page 2 General Instructions Line 2. Enter any amount from line 1 that accumulation distribution. If the distribution is represents UNI of a domestic trust accumulated from a foreign trust, see sections 667(d) and Section references are to the Internal Revenue before you were born or reached age 21. 904(f)(4) for special rules. Code unless otherwise noted. However, if the multiple trust rule applies, see the Attach the proper form for any credit you Future Developments instructions for line 4. refigure. The amount determined for items on For the latest information about developments Line 4. Multiple trust rule. If you received this line is limited to tax law provisions in effect related to Form 4970 and its instructions, such accumulation distributions from two or more for those years involved. as legislation enacted after they were published, other trusts that were considered to have been Line 22. For each year entered in Part II, columns go to www.irs.gov/Form4970. made in any of the earlier tax years in which the (a)–(c), use and attach that year’s Form 4626, current accumulation distribution is considered Alternative Minimum Tax—Corporations (for Purpose of Form to have been made, don’t include on line 4 the years prior to 2018); Form 6251, Alternative A beneficiary of certain domestic trusts (see taxes attributable to the current accumulation Minimum Tax—Individuals; or Schedule I (Form Who Must File below) uses Form 4970 to figure distribution considered to have been distributed 1041), Alternative Minimum Tax—Estates and the partial tax on accumulation distributions in the same earlier tax year(s). Trusts, to recompute the AMT for that year. under section 667. The fiduciary notifies the For this special rule, only count as trusts those Show any change in the AMT below the bottom beneficiary of an “accumulation distribution” by trusts for which the sum of this accumulation margin of the appropriate form or schedule and completing Part IV of Schedule J (Form 1041). distribution and any earlier accumulation enter the change on line 22. If you received a distribution for this tax year distributions from the trust, which are considered Line 28. If estate taxes or generation-skipping from a trust that accumulated its income instead under section 666(a) to have been distributed in transfer taxes apply to the accumulation of distributing it each year (and the trust paid the same earlier tax year(s), is $1,000 or more. distribution, reduce the partial tax proportionately taxes on that income), you must complete Form Foreign trust. If the trust is a foreign trust, see for those taxes. See section 667(b)(6) for the 4970 to compute any additional tax liability. The section 665(d)(2). computation. trustee must give you a completed Part IV of Line 8. You can determine the number of years Individuals. Include the amount from this line on Schedule J (Form 1041) so you can complete in which the UNI is deemed to have been Schedule 2 (Form 1040), line 17l. Write “ADT” on this form. distributed by counting the “throwback years” the line 17l entry space. If you received accumulation distributions from for which there are entries on lines 32 through 36 Trusts and decedents’ estates. Include the more than one trust during the current tax year, of Part IV of Schedule J (Form 1041). These amount on Form 1041, Schedule G, line 8. Write prepare a separate Form 4970 for each trust throwback rules apply even if you wouldn’t have “From Form 4970” and the amount of the tax to from which you received an accumulation been entitled to receive a distribution in the the left of the line 8 entry space. distribution. You can arrange the distributions in earlier tax year if the distribution had actually Other filers. Add the result to the total tax any order you want them considered to have been made then. There can be more than 5 liability before the refundable credits on your been made. “throwback years.” income tax return for the year of the Line 11. From the number of years entered on accumulation distribution. Attach this form to Who Must File line 8, subtract any year in which the distribution that return. Beneficiaries who received an accumulation from column (a), Part IV of Schedule J (Form distribution from certain domestic trusts that 1041) is less than the amount on line 10 of Form Paperwork Reduction Act Notice. We ask for were created before March 1, 1984, must file 4970. If the distribution for each throwback year the information on this form to carry out the Form 4970. For details, see section 665(c). is more than line 10, then enter the same number Internal Revenue laws of the United States. You Foreign trust beneficiaries. If you received an on line 11 as you entered on line 8. are required to give us the information. We need accumulation distribution from a foreign trust, Line 13. Enter your taxable incomes for years it to ensure that you are complying with these you must report the distribution and the partial 2017–2021, even if less than 5 years of the trust laws and to allow us to figure and collect the tax on a 2022 Form 3520, Annual Return To had accumulated income after you became 21. right amount of tax. Report Transactions With Foreign Trusts and Use the taxable income as reported by you or as You aren’t required to provide the information Receipt of Certain Foreign Gifts. changed by the IRS. Include in the taxable requested on a form that is subject to the Don’t file Form 4970 for distributions from any income amounts considered distributed in that Paperwork Reduction Act unless the form foreign trusts, except to attach it as a worksheet year as a result of prior accumulation displays a valid OMB control number. Books or to Form 3520 if those instructions direct you to. distributions, whether from the same or another records relating to a form or its instructions must Note: If the accumulation distributions are from a trust, and whether made in an earlier year or the be retained as long as their contents may domestic trust that used to be a foreign trust, see current year. become material in the administration of any Rev. Rul. 91-6, 1991-1 C.B. 89. If your taxable income as adjusted is less than Internal Revenue law. Generally, tax returns and zero, enter zero. return information are confidential, as required by Definitions Line 17. Figure the income tax (excluding any section 6103. Undistributed net income (UNI). UNI is the alternative minimum tax (AMT)) on the income on The time needed to complete and file this form distributable net income (DNI) of the trust for any line 16 using the tax rates in effect for your will vary depending on individual circumstances. tax year less (1) the amount of income required particular earlier tax year shown in each of the The estimated burden for individual taxpayers to be distributed currently and any other three columns. Use the Tax Rate Schedules, etc., filing this form is approved under OMB control amounts properly paid or credited or required to as applicable. You can get the Tax Rate number 1545-0074 and is included in the be distributed to beneficiaries in the tax year and Schedules and prior year forms by downloading estimates shown in the instructions for their (2) the taxes imposed on the trust attributable to them at www.irs.gov. individual income tax return. The estimated such DNI. Line 18. Enter your income tax (excluding any burden for all other taxpayers who file this form is Accumulation distribution. An accumulation AMT) as originally reported, corrected, or shown below. distribution is the excess of amounts properly amended, before reduction for any credits for Learning about the paid, credited, or required to be distributed your particular earlier year shown in each of the law or the form . . . . . . . . 13 min. (other than income required to be distributed three columns. Preparing the form . . . . . . 52 min. currently) over the DNI of the trust reduced by Line 20. Nonrefundable credits that are limited to Copying, assembling, income required to be distributed currently. tax liability, such as the general business credit, and sending the form to the IRS . . 20 min. Generally, except for tax-exempt interest, the may be changed because of an accumulation If you have comments concerning the distribution loses its character upon distribution distribution. If the total allowable credits for any accuracy of these time estimates or suggestions to the beneficiary. See section 667(d) for special of the 3 computation years increase, enter the for making this form simpler, we would be happy rules for foreign trusts. increase on line 20. However, don’t treat as an to hear from you. See the instructions for the tax increase the part of the credit that was allowable return with which this form is filed. Specific Instructions as a carryback or carryforward credit in the Item E—Type of trust. If you received an current or any preceding year other than the accumulation distribution from a foreign trust, computation year. see Foreign trust beneficiaries, earlier. Don’t file To refigure these credits, you must consider this form other than as an attachment to Form changes to the tax before credits for each of the 3520. 3 computation years due to previous Line 1. For a nonresident alien or foreign accumulation distributions. corporation, include only the part of the If the accumulation distribution is from a accumulation distribution that is attributable to domestic trust that paid foreign income taxes, U.S. sources or is effectively connected with a the limitation on the foreign tax credit under trade or business carried on in the United States. section 904 is applied separately to the |