Arizona Administrative Code › Title 15 - REVENUE › Chapter 2 - DEPARTMENT OF REVENUE - INCOME AND WITHHOLDING TAX SECTION › Subchapter F - ESTATES AND TRUSTS › Article 1 - RETURNS › Section R15-2F-101 - Fiduciary Returns

Current through Register Vol. 30, No. 28, July 12, 2024
A. In cases in
				  which the gross income of the estate or trust is $5,000 or more, a copy of the
				  will or trust instrument sworn to by the fiduciary as a true and complete copy
				  must be filed with the fiduciary return of the estate or trust together with a
				  statement by the fiduciary indicating the provisions of the will or trust
				  instrument which in his opinion determine the extent to which the income of the
				  estate or trust is taxable to the estate or trust, the beneficiaries, or the
				  grantor respectively. However, if a copy of the will or trust instrument and
				  statement relating to the provisions of the will or trust instrument have once
				  been filed, they need not be filed again if the fiduciary return contains a
				  statement showing when they were filed. If the trust instrument is amended in
				  any way after such copies have been filed, a copy of the amendment must be
				  filed with the return for the taxable year in which the amendment was made. In
				  addition, the fiduciary must attach a statement to the copy of the amendment
				  indicating the effect, if any, in his opinion of such amendment on the extent
				  to which the income of the estate or trust is taxable to the estate or trust,
				  the beneficiaries, or the grantor, respectively.
B. A certificate that all taxes due or to
				  become due from the decedent or estate for whom a fiduciary acts have been paid
				  or secured will not be issued unless all the following requirements are
				  complied with:
1. A return must be filed by or
				  on behalf of the decedent and for the estate for each taxable year in which the
				  respective incomes of the decedent or estate exceeded the requirements for
				  filing returns.
2. Although it is
				  possible that no tax will become due from an estate for the year in which it is
				  distributed, since all the income of the estate may be either properly paid or
				  credited to the beneficiaries and hence deductible, a return for each year must
				  be filed at the time the certificate is requested, regardless of the amount of
				  gross or net income for such year. Such return must disclose all income to be
				  distributed to beneficiaries upon the final distribution of the estate as well
				  as income property paid or credited to beneficiaries during the year covered by
				  the return and prior to final distribution.
3. A statement under declaration of perjury
				  must be made by the fiduciary on the request for certificate, regarding the
				  status of returns filed by or on behalf of the decedent or for the estate for
				  the 4 taxable years immediately preceding the date a certificate is requested.
				  The statement required should indicate the years for which returns were filed
				  or indicate the years for which the gross and net incomes were less than the
				  amount necessary to require the filing of returns. If additional information is
				  required, a supplemental statement will be requested.