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Is an Estate Tax Return Required?

GodFather
Level 8

I don't prepare estate returns because, thankfully, I do not deal with them often.  With that said, I did investigate my question but could not find a definitive answer. 

New Jersey resident passed and willed everything to her brother.  Brother applied for and received a tax waiver.  He sold his sisters home and the proceeds were placed into the estate along with all of other financial interests.  I believe a 1041 is required but wanted to ask for any insight.  Thank you. 

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Accepted Solutions
BobKamman
Level 15

The only issue here is whether the estate had gross income of at least $600.  Sale of real estate often results in zero gross income, or a loss, when its value has not increased since date of death.  So you haven't told us enough to answer your question.  Does the estate have any other income?  And, since the loss on the sale of the house (due to closing costs) would pass through to the beneficiary, it might help him to file a return and issue a final Schedule K-1 even if not required.  

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5 Comments 5
Just-Lisa-Now-
Level 15
Level 15

was it sold in his name/ssn or the estates EIN?


♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
GodFather
Level 8

Estates EIN.  I guess I answered my own question?  

BobKamman
Level 15

The only issue here is whether the estate had gross income of at least $600.  Sale of real estate often results in zero gross income, or a loss, when its value has not increased since date of death.  So you haven't told us enough to answer your question.  Does the estate have any other income?  And, since the loss on the sale of the house (due to closing costs) would pass through to the beneficiary, it might help him to file a return and issue a final Schedule K-1 even if not required.  

Accountant-Man
Level 13

To Bob K: Bingo!

** I'm still a champion... of the world! Even without The Lounge.
GodFather
Level 8

Very much appreciate your reply.