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KS online Form 13615: What You Should Know

You can also purchase a local copy of a Kansas Business Tax Guide online. Documents for Estates and Trusts The Kansas Department of State Health, Family and Children Services Division administers the Kansas Estates and Trusts Act. The Kansas General Assembly passed legislation that allows all beneficiaries of an estate or trust to file a return if an executor is designated and a trustee appointed. Kansas law does not specify how those two people must act in response to the executor's notice to pay the beneficiary; however, the Kansas Supreme Court has held that all parties must comply with IRS instructions to prepare a state tax return. The Trustee will give notice to the beneficiary that a return, statement, or return information is due. It is generally a good idea for the Trustee to advise the beneficiary when to plan for filing the return. Any return received within 70 days of the Notice must be filed and forwarded to the taxpayer's state income tax return filing office. If you have not filed a return, you will not be responsible for any late filing penalties or interest. The Trustee will file a non-adjusted return or non-adjusted return based on the beneficiaries' distribution if all the following is true: the return is timely filed; the Trustee receives a timely notice from the Executor, and the Notice is filed in the Tax Collector's office; the total distributions from the estate or trust exceeds 20 million (whichever is less); and the executor or trustee is not represented by an individual who advises it that it should prepare a return. Trustees are required to maintain records of distributions received and the disposition of estates. This may result in the collection of additional amounts due and possibly a levy against the Trust Fund. See the Trustee Manual for further information. The Trustee Manual explains: Filing a Form 1099-INT as the estate or trust or the executor does is not required without a court order and not automatically a valid claim. (A non-income tax return is not required if the executor will report the assets as a gift to the trust and the trust is required to include the receipt of the distribution on any income tax return.) An unearned trust distribution that represents a loss and not “gross income” may be taxed as capital gain. See Section 2681.

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