Homepage Blank Alabama 41 Form
Outline

The Alabama 41 form is a crucial document for fiduciaries managing estates and trusts in Alabama. Designed for the reporting of income tax, this form must be accurately completed for the calendar year 2006 or for fiscal years beginning in that year. Various entities, including decedent’s estates, simple trusts, and complex trusts, utilize this form to report their income, deductions, and tax liabilities. The Alabama Department of Revenue requires a complete copy of the Federal Form 1041 to accompany the Alabama 41 form for it to be deemed complete. This form not only captures essential information such as the employer identification number, the name and title of the fiduciary, and the address of the fiduciary, but it also includes critical sections for calculating Alabama taxable income and net tax due. Special deductions available to trusts and the computation of Alabama income distribution deductions are also integral parts of this form. Moreover, changes in Alabama tax law, particularly those affecting estates and trusts, have made it imperative for fiduciaries to stay informed and compliant. Timely submission of the Alabama 41 form is essential to avoid penalties, and understanding its requirements can significantly ease the process of fulfilling fiduciary responsibilities.

Sample - Alabama 41 Form

CN
(For official use only)
*0612830141*
1 Alabama Adjusted Total Income or (Loss) (Schedule C, Line 18c) ..........................................................
Special Deductions Available to Trusts:
2
Alabama Income Distribution Deduction (Schedule B, Line 16)..............................
3
Exemption (Allowed the Estate or Trust by 40-18-19,
Code of Alabama 1975
) ................
4
Total of Special Trust Deductions
(Total of Lines 2 and 3)
.................................................................
5 Alabama Taxable Income
(Line 1 less Line 4)
..........................................................................
6a
$__________________ at 2 percent (On first $500, or fraction thereof, of AL Taxable Income) . . .
b
$__________________ at 4 percent (On next $2,500, or fraction thereof, of AL Taxable Income) .
c
$__________________ at 5 percent (On all over $3,000 of AL Taxable Income) ...............
7 TOTAL INCOME TAX DUE
(See instructions)
...........................................................................
8
Credits:
a
Income tax paid to other states
(See instructions for limitations)
..................
b
Capital Credit
(See instructions for limitations)
.................................
c
Amount paid with Form 4868A..............................................
d
Composite payments. Paid by __________________ TIN _____________________
9
Total Credits
(Total of Lines 8a through 8d)
.............................................................................
10 NET TAX DUE
(Subtract Line 9 from Line 7)
PAY THIS AMOUNT IN FULL WITH RETURN
.................................
11 NET REFUND
(If Line 9 is larger than Line 7, enter overpayment here)
.......................
(For official use only)
Date Preparer’s Social Security Number
Check if
self-employed
E.I. No.
ZIP Code
Signature of fiduciary or officer representing fiduciary Date Daytime Telephone No. Social Security Number
Preparer’s
signature
Firm’s name (or yours,
if self-employed)
and address
Tel. ( )
( )
Please
Sign
Here
Paid
Preparer’s
Use Only
I authorize a representative of the Department of Revenue to discuss my return and attachments with my preparer.
Under penalties of perjury,
I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief they
are true, correct, and complete. Declaration of preparer (other than taxpayer) is based on all information of which preparer has any knowledge.
Returns with payments must be filed with the Alabama Department of Revenue, Individual and Corporate Tax Division, P.O. Box 327444, Montgomery, AL 36132-7444. Returns
without payments must be filed with the Alabama Department of Revenue, Individual and Corporate Tax Division, P.O. Box 327440, Montgomery, AL 36132-7440, on or before
April 16, 2007. (Fiscal Year Returns must be filed on or before the 15th day of the fourth month following the close of the fiscal year.)
1
4
5
7
9
10
2
3
6a
6b
6c
8a
8b
8c
8d
11
COMPUTATION OF ALABAMA TAXABLE INCOME AND NET TAX DUE
ALABAMA DEPARTMENT OF REVENUE
Fiduciary Income Tax Return
For the calendar year 2006 or fiscal year beginning
__________________________, 2006, and ending ____________________________, ___________
FORM
41
(Rev. 11/06)
2006
Date entity created Number of K-1s attached
Return is Filed on Cash Basis
Nonresident estate or trust
Trust has a nonresident beneficiary
A complete copy of the Federal Form 1041 must be attached for this return to be considered complete.
Type of entity (see instructions):
Decedent’s estate
Simple trust
Complex trust
Qualified disability trust
ESBT (S portion only)
Grantor type trust
Bankruptcy estate – Ch. 7
Bankruptcy estate – Ch. 11
Pooled income fund
FN
Initial Return
Amended Return
Final Return
Employer Identification Number
Name of Estate or Trust
Name and Title of Fiduciary
Address of Fiduciary (number and street)
City, State, and Zip Code
Address change
Entity has income from more than one state
Fiduciary or name change
*0612830241*
1
Amounts paid or permanently set aside for charitable purposes from gross income ............................................
2
Alabama tax-exempt income allocable to charitable contributions...........................................................
3
Subtract line 2 from line1 ............................................................................................
4
Capital gains for the tax year allocated to corpus and paid or permanently set aside for charitable purposes .......................
5 Alabama Charitable Deduction.
Add Line 3 and Line 4. Enter total here and on Page 3, Schedule C, Line 13, Column C ..........
1
Alabama Adjusted Total Income (Page 1, Lne 1) .........................................................................
2
The amount of gain from the sale of capital assets, but only if the gain was allocated to corpus and not paid, credited,
or required to be distributed to any beneficiary during the taxable year or not included in Line 4, Schedule A
(see instructions)
........
3
Subtract the amount entered on Line 2 from the amount entered on Line 1, and enter in Line 3 ..................................
4
The amount of loss from the sale of capital assets – entered as a positive number, only if the loss was not considered
in the determination of the amount to be paid, credited, or required to be distributed to any beneficiary during taxable year. . .........
5
Amount of tax exempt interest income excluded in computing Alabama taxable income ........................................
6
Other adjustmentssee instructions ..................................................................................
7 Alabama Distributable Net Income
(Sum of Lines 3 through 6)
...........................................................
8
If a complex trust, enter accounting income for the tax year as determined under the
governing instrument and applicable local law............................................
9
Income required to be distributed currently..............................................................................
10
Other amounts paid, credited, or otherwise required to be distributed .......................................................
11
Total distributions. add Lines 9 and 10 .................................................................................
12
Enter the amount of tax-exempt income included on Line 11 ...............................................................
13
Tentative income distribution deduction. Subtract Line 12 from Line 11 ......................................................
14
Tentative income distribution deduction. Subtract Line 5 from Line 7. If zero or less, enter -0- ...................................
15
Special Alabama Income Distribution Deduction
(see instructions for applicability of the special limitation)
.........................
16 Alabama Income Distribution Deduction.
Enter the smallest of Line 13, Line 14, or, if applicable, Line 15,
on this line and on Page 1, Line 2. (Do not enter less than zero.) ...........................................................
1
2
3
4
5
1
2
3
4
5
6
7
9
10
11
12
13
14
15
16
8
Alabama
Fiduciary Income Tax Return
FORM
41
PAGE 2
2006
Name of estate or trust Employer identification number
Name and title of fiduciary
SCHEDULE B – COMPUTATION OF ALABAMA INCOME DISTRIBUTION DEDUCTION
CHANGE IN ALABAMA TAX LAW
CONCERNING ESTATES AND TRUSTS
The Alabama Legislature passed the Subchapter J and
Business Trust Conformity Act (Act Number 2006-114)
during the 2006 session. The law was retroactively effective
for tax years beginning after December 31, 2004.
At the time the 2006 Form 41 was being developed, the promulgation
process had begun for the regulations to implement the Act. Up-to-date
information concerning the law and regulations is available on the
Alabama Department of Revenue’s Web site (www.revenue.alabama.gov).
SCHEDULE A – ALABAMA CHARITABLE DEDUCTION. Do not complete for a simple trust or a pooled income fund.
*0612830341*
Column A
AS REPORTED ON
FEDERAL FORM 1041
Column B
ALABAMA
ADJUSTMENTS
Column C
ALABAMA AMOUNT
Alabama
Fiduciary Income Tax Return
FORM
41
PAGE 3
2006
Name of estate or trust Employer identification number
Name and title of fiduciary
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18a
19
18b
18c
1 Interest income ...............................................
2
Ordinary dividends ............................................
3
Business income or (loss) ......................................
4
Capital gain or loss
(see instructions)
.............................
5
Rents, royalties, partnerships, and other estates and trusts...........
6
Farm income or (loss)..........................................
7
Ordinary gain or (loss) from Form 4797 ...........................
8
Other income.................................................
9 Total Income
(Sum of Lines 1 through 8)
.........................
Ordinary Deductions:
10
Interest......................................................
11
Taxes (include federal estate and income taxes) ....................
12
Fiduciary fees ................................................
13
Charitable deduction ...........................................
14
Attorney, accountant, and return preparer fees .....................
15
Other deductions not subject to the 2% floor .......................
16
Allowable miscellaneous itemized deductions subject to the 2% floor . .
17 Total Ordinary Deductions
(Sum of Lines 10 through 16)
...........
18a Federal Adjusted Total Income
(Line 9 less Line 17 – the amount
entered on this line in Column A must equal the amount entered on
Page 1, Line 17, Form 1041)
....................................
18b
Net Alabama Adjustments (Column B, Line 9 less Line 17) .....................................
18c
Alabama Adjusted Total Income (Column C, Line 9 less Line 17). Enter here and on Page 1, Line 1 .............................
19 Alabama Tax Exempt Income
..................................
Attach a complete explanation, showing all computations, for each item of income or deduction included in Column B (Alabama Adjustments), include also a complete
explanation and computation for the items of exempt income. See instructions.
SCHEDULE C – COMPUTATION OF ALABAMA ADJUSTED TOTAL INCOME
*0612830441*
1 Interest income ..................................................................................................
2
Total dividends...................................................................................................
3
Business income or (loss) .........................................................................................
4
Net Alabama capital gain or loss
(see instructions)
.....................................................................
5
Rents, royalties, partnerships, and other estates and trusts..............................................................
6
Farm income or (loss).............................................................................................
7
Ordinary gain or (loss) from Form 4797 ..............................................................................
8
Other income....................................................................................................
9
Alabama Tax Exempt Income ......................................................................................
10a
Grantor Trust Income (Resident Beneficiaries Only) ....................................................................
10b
Grantor trust Deductions (Resident Beneficiaries Only) .................................................................
10c
Net Grantor Trust Income (Resident Beneficiaries Only) ................................................................
11
Nonresident Beneficiary – Alabama Source Income ....................................................................
12
Nonresident Beneficiary – Non-Alabama Source Income................................................................
Directly apportioned deductions:
13a
Depreciation.....................................................................................................
13b
Depletion .......................................................................................................
13c
Amortization.....................................................................................................
TOTAL ALABAMA AMOUNT
SCHEDULE K – SUMMARY OF K-1 INFORMATION
Alabama
Fiduciary Income Tax Return
FORM
41
PAGE 4
2006
Name of estate or trust Employer identification number
Name and title of fiduciary
1
2
3
4
5
6
7
8
9
10a
10b
10c
11
12
13a
13b
13c
Schedule K is a summary of the information reported on the K-1s prepared with the returns.
Character of Income In accordance with §40-18-25(b),
Code of Alabama 1975
, the character of the income that is reported by the beneficiary or owner of an estate or trust
must reflect the same character the income possessed when the income was originally received by the estate or trust.
Allocation of the Alabama Income Distribution Deduction The amount entered in Page 1, Line 2 (Alabama Income Distribution Deduction) must be allocated to resident
beneficiaries and owners, so that the income reported by the beneficiaries or owners will retain its character . Generally the allocation is completed in accordance with Internal
Revenue Code §§652 and 662. No amount may be included in the Alabama Income Distribution Deduction which is not included in the gross income of the estate or trust. See
the instructions for more guidance concerning the allocation of income to the beneficiaries and owners.

Form Information

Fact Name Description
Form Purpose The Alabama 41 form is used for filing the Fiduciary Income Tax Return for estates and trusts.
Governing Law This form is governed by the Code of Alabama 1975, specifically §40-18-25(b) and §40-18-19.
Filing Deadline Returns must be filed by April 16, 2007, for calendar year entities, or by the 15th day of the fourth month following the close of the fiscal year.
Entity Types Entities that can file include decedent's estates, simple trusts, complex trusts, and bankruptcy estates, among others.
K-1 Attachments Taxpayers must attach a complete copy of the Federal Form 1041 for the return to be considered complete.
Income Sources The form accounts for income from various sources, including business income, dividends, and capital gains.
Tax Rates Alabama tax rates for fiduciary income range from 2% to 5%, depending on the taxable income amount.
Special Deductions Trusts can claim special deductions, including the Alabama Income Distribution Deduction and exemptions allowed by law.
Charitable Contributions There is a specific schedule for reporting Alabama charitable deductions, applicable to certain types of trusts.
Changes in Law The Subchapter J and Business Trust Conformity Act was enacted in 2006, impacting how estates and trusts are taxed retroactively from 2005.

Detailed Guide for Filling Out Alabama 41

Filling out the Alabama 41 form is a straightforward process that requires careful attention to detail. This form is essential for reporting fiduciary income tax for estates and trusts. Make sure to have all necessary documentation ready, including the Federal Form 1041, as it must be attached for the return to be complete.

  1. Begin by entering the calendar year or fiscal year dates at the top of the form.
  2. Select the type of entity from the provided options: decedent’s estate, simple trust, complex trust, etc.
  3. Fill in the Employer Identification Number (EIN) for the estate or trust.
  4. Provide the name of the estate or trust, along with the fiduciary's name and title.
  5. Complete the fiduciary's address, including the city, state, and zip code.
  6. Indicate if this is an initial, amended, or final return by checking the appropriate box.
  7. Mark if the entity has income from more than one state or if there is a fiduciary or name change.
  8. Enter the date the entity was created.
  9. Specify the number of K-1s attached to the return.
  10. Indicate if the return is filed on a cash basis.
  11. Check if the trust has a nonresident beneficiary.
  12. Proceed to the computation section and fill in the Alabama Adjusted Total Income or Loss from Schedule C.
  13. Complete the special deductions available to trusts, including the Alabama Income Distribution Deduction and exemption.
  14. Calculate the Alabama Taxable Income by subtracting the total special deductions from the adjusted total income.
  15. Fill in the income tax due based on the applicable rates for the taxable income brackets.
  16. List any credits that apply, such as income tax paid to other states or capital credits.
  17. Calculate the net tax due by subtracting total credits from the income tax due.
  18. If applicable, indicate any net refund due.
  19. Sign and date the form, providing your daytime telephone number and Social Security number.
  20. If using a paid preparer, they must complete their section with signature, firm name, and EIN.

After completing the form, ensure that all required attachments, including a copy of the Federal Form 1041, are included. Submit the return to the appropriate address based on whether you are making a payment or not. Keep a copy of the completed form for your records.

Obtain Answers on Alabama 41

  1. What is the Alabama 41 form?

    The Alabama 41 form is the Fiduciary Income Tax Return used for reporting the income of estates and trusts in Alabama. It is required for the calendar year 2006 or for fiscal years beginning in 2006. This form is essential for fiduciaries to report the income, deductions, and tax liability of the estate or trust.

  2. Who needs to file the Alabama 41 form?

    The form must be filed by fiduciaries of decedent's estates, simple trusts, complex trusts, qualified disability trusts, bankruptcy estates, and pooled income funds. If the entity has income from more than one state or has a nonresident beneficiary, the Alabama 41 form is also necessary.

  3. What information is required to complete the form?

    To complete the Alabama 41 form, you will need:

    • Employer Identification Number (EIN)
    • Name and title of the fiduciary
    • Address of the fiduciary
    • Type of entity
    • Details about income, deductions, and credits
    • A complete copy of the Federal Form 1041
  4. When is the Alabama 41 form due?

    The form must be filed by April 16, 2007, for calendar year returns. For fiscal year returns, the deadline is the 15th day of the fourth month following the close of the fiscal year. Timely filing is crucial to avoid penalties.

  5. What happens if I need to amend my return?

    If you need to amend your return, you should check the box indicating it is an amended return on the form. Ensure that all corrections are clearly noted, and submit the amended return to the appropriate address provided for returns without payments.

  6. Are there any special deductions available for trusts?

    Yes, trusts may qualify for special deductions such as the Alabama Income Distribution Deduction and an exemption allowed by Alabama law. The form includes specific lines to calculate these deductions, which can help reduce the taxable income of the estate or trust.

  7. What is the significance of attaching Federal Form 1041?

    A complete copy of the Federal Form 1041 must be attached for the Alabama 41 form to be considered complete. This federal form provides detailed information about the income, deductions, and distributions of the estate or trust, which is crucial for accurate state tax calculations.

  8. What should I do if my estate or trust has a nonresident beneficiary?

    If the estate or trust has a nonresident beneficiary, it is important to indicate this on the Alabama 41 form. Additionally, ensure that you follow the specific instructions related to nonresident beneficiaries to accurately report their income and any applicable deductions.

  9. Where do I send my completed Alabama 41 form?

    Completed returns with payments should be sent to the Alabama Department of Revenue, Individual and Corporate Tax Division, P.O. Box 327444, Montgomery, AL 36132-7444. Returns without payments should be sent to P.O. Box 327440, Montgomery, AL 36132-7440.

  10. What if I have questions about completing the form?

    If you have questions while completing the Alabama 41 form, it is advisable to consult the instructions provided with the form. For additional assistance, you may contact the Alabama Department of Revenue directly or seek guidance from a tax professional.

Common mistakes

When filling out the Alabama 41 form, individuals often make several common mistakes that can lead to delays or complications in processing their returns. One significant error occurs when the Employer Identification Number (EIN) is either omitted or incorrectly entered. This number is crucial for identifying the estate or trust. If the EIN is wrong, the Alabama Department of Revenue may not be able to match the return with the correct entity, resulting in potential penalties or further inquiries.

Another frequent mistake involves failing to attach a complete copy of the Federal Form 1041. This form is essential for the Alabama return to be considered complete. Without it, the state may reject the submission or request additional information, prolonging the process unnecessarily. It is vital to ensure that all required documents accompany the Alabama 41 form.

Additionally, many individuals overlook the importance of accurately reporting the Alabama Taxable Income. Errors in calculating the income or deductions can lead to incorrect tax amounts due. For instance, miscalculating the Alabama Adjusted Total Income or incorrectly entering the Alabama Income Distribution Deduction can significantly impact the total tax liability. It is advisable to double-check all calculations to ensure accuracy.

Lastly, some filers neglect to sign the form or provide the necessary contact information. The signature of the fiduciary or officer representing the fiduciary is required for the return to be valid. Additionally, including a daytime telephone number can facilitate communication should any questions arise during processing. Ensuring that all sections of the form are completed accurately and thoroughly can help prevent unnecessary complications.

Documents used along the form

The Alabama 41 form is essential for fiduciaries managing estates or trusts in Alabama. It provides a structured way to report income and calculate taxes owed. Alongside this form, several other documents may be required to ensure compliance with state tax laws. Below is a list of forms and documents that are often used in conjunction with the Alabama 41 form.

  • Federal Form 1041: This is the U.S. Income Tax Return for Estates and Trusts. A complete copy must be attached to the Alabama 41 form for it to be considered complete.
  • Schedule K-1: This document reports each beneficiary's share of income, deductions, and credits from the estate or trust. It is essential for beneficiaries to accurately report their income on their personal tax returns.
  • Form 4868: This form is used to apply for an automatic extension of time to file a federal income tax return. If an extension is needed, it may also affect the filing of the Alabama 41 form.
  • Schedule A: This schedule is used to report charitable deductions for estates and trusts. It is not applicable for simple trusts or pooled income funds.
  • Schedule B: This schedule computes the Alabama Income Distribution Deduction. It helps determine how much of the estate or trust income is distributed to beneficiaries.
  • Schedule C: This schedule computes Alabama Adjusted Total Income. It details all sources of income and adjustments, which are crucial for determining taxable income.
  • Form 41-CR: This is the Alabama Credit for Taxes Paid to Other States. If the estate or trust has paid taxes to another state, this form can help claim a credit against Alabama taxes owed.

Filing the Alabama 41 form and its accompanying documents is a critical step for fiduciaries. Understanding the purpose of each form can help ensure compliance and minimize potential tax liabilities. It is advisable to consult with a tax professional to navigate these requirements effectively.

Similar forms

  • Federal Form 1041: The Alabama 41 form requires a complete copy of the Federal Form 1041 to be attached. Both forms are used for reporting income, deductions, and tax liability for estates and trusts, ensuring consistency in reporting across state and federal levels.
  • IRS Form 706: This form is used for federal estate tax returns. Similar to the Alabama 41, it deals with the financial aspects of an estate, including income and deductions, but focuses on estate tax rather than income tax.
  • IRS Form 990: Nonprofit organizations use this form to report their income, expenses, and activities. Like the Alabama 41, it provides a detailed account of financial activities, though it is specific to tax-exempt entities.
  • State Fiduciary Income Tax Forms: Many states have their own fiduciary income tax forms similar to the Alabama 41. These forms serve the same purpose of reporting income and deductions for trusts and estates at the state level.
  • Form K-1: This form is used to report income, deductions, and credits from partnerships, S corporations, estates, and trusts to beneficiaries. Both the K-1 and Alabama 41 involve reporting income distribution to beneficiaries.
  • State Charitable Contribution Forms: These forms are used to report charitable contributions made by estates or trusts. Similar to the Alabama 41’s Schedule A, they track deductions related to charitable giving.

Dos and Don'ts

When filling out the Alabama 41 form, attention to detail is crucial. Here are some important dos and don'ts to ensure a smooth filing process.

  • Do read the instructions carefully before starting the form.
  • Do ensure that all required documents, such as a complete copy of the Federal Form 1041, are attached.
  • Do double-check the Employer Identification Number for accuracy.
  • Do provide the correct name and title of the fiduciary.
  • Do indicate whether the return is initial, amended, or final.
  • Don't leave any fields blank; fill in all necessary information.
  • Don't forget to sign and date the form before submission.
  • Don't submit the return without ensuring that it is filed with the appropriate department based on whether it includes payment.
  • Don't overlook the deadlines for filing to avoid penalties.

By following these guidelines, individuals can navigate the complexities of the Alabama 41 form more effectively.

Misconceptions

Understanding the Alabama 41 form can be crucial for fiduciaries managing estates and trusts. However, several misconceptions often arise. Here are six common misunderstandings:

  • Misconception 1: The Alabama 41 form is only for complex trusts.
  • This form is applicable to various types of entities, including decedent's estates, simple trusts, and even bankruptcy estates. It is not limited to complex trusts.

  • Misconception 2: Filing the form is optional if the estate or trust has no income.
  • Even if there is no income, filing may still be required. It is important to check the specific circumstances and requirements for the entity.

  • Misconception 3: The Alabama 41 form does not require a federal Form 1041.
  • A complete copy of the Federal Form 1041 must be attached for the Alabama 41 form to be considered complete. This is a necessary step for accurate processing.

  • Misconception 4: The form can be filed at any time without penalties.
  • There are strict deadlines for filing the Alabama 41 form. Returns must be submitted by April 16, 2007, for the calendar year 2006, or within four months after the close of the fiscal year for fiscal returns.

  • Misconception 5: All deductions are automatically accepted without documentation.
  • Documentation is essential. Each deduction claimed must be supported by appropriate records and calculations as outlined in the instructions.

  • Misconception 6: The Alabama Department of Revenue does not provide updates on tax law changes.
  • The Alabama Department of Revenue regularly updates information regarding tax laws and regulations. It is beneficial to check their website for the latest guidance and updates.

Key takeaways

Here are some key takeaways about filling out and using the Alabama 41 form:

  • Understand the Form's Purpose: The Alabama 41 form is used to report fiduciary income tax for estates and trusts.
  • Entity Types: Be sure to select the correct type of entity, such as a decedent's estate or a simple trust.
  • Attach Federal Form 1041: A complete copy of the Federal Form 1041 must accompany the Alabama 41 form for it to be considered complete.
  • Filing Deadlines: Returns must be filed by April 16, 2007, or within the 15th day of the fourth month following the close of the fiscal year for fiscal year returns.
  • Income Distribution Deductions: Carefully calculate the Alabama Income Distribution Deduction, as it affects the taxable income reported.
  • Credits Available: Be aware of available credits, such as those for taxes paid to other states, which can reduce the overall tax due.
  • Sign and Date: Ensure that the fiduciary or an authorized officer signs and dates the form before submission.
  • Review Instructions: Always refer to the instructions provided with the form for specific guidance on completing each section accurately.