Free 2008 Form 1041-QFT - Federal

Form

1041-QFT

OMB No. 1545-1593

U.S. Income Tax Return for Qualified Funeral Trusts
See instructions on pages 2 through 4. , 2008, and ending

Department of the Treasury Internal Revenue Service

2008
, 2008.

For calendar year 2008 or short year beginning

Part I
1

General Information
2 Employer identification number

Name of trust or other entity filing return

3a 3b

Name and title of trustee Number, street, and room or suite no. (If a P.O. box, see the instructions.)

3c

City or town, state, and ZIP code

4

Number of QFTs included on this return

5

Check applicable boxes: Initial return Amended return Final return Change in the fiduciary or fiduciary's name Change in fiduciary's address

Part II
1a b 2a b 3 4 5

Tax Computation
Interest income Tax-exempt interest. Do not include on line 1a Total ordinary dividends Qualified dividends Capital gain or (loss) (attach Schedule D (Form 1041)) Other income. List type and amount Total income. Combine lines 1a, 2a, 3, and 4 Taxes Trustee fees Attorney, accountant, and return preparer fees Other deductions not subject to the 2% floor Allowable miscellaneous itemized deductions subject to the 2% floor Total deductions. Add lines 6 through 10 Taxable income. Subtract line 11 from line 5 Tax. (If this is a composite return, check here ) Credits (see instructions). Specify the credits claimed Net tax. Subtract line 14 from line 13 (see instructions) Payments (see instructions) Tax due. If line 16 is smaller than line 15, enter amount owed Overpayment. If line 16 is larger than line 15, enter amount overpaid Amount of line 18 to be: a Credited to 2009 estimated tax b Refunded 1a 1b 2a 2b 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19

Income Deductions Tax and Payments

6 7 8 9 10 11 12 13 14 15 16 17 18 19

Sign Here
Paid Preparer's Use Only

Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct, and complete. Declaration of preparer (other than trustee) is based on all information of which preparer has any knowledge.
May the IRS discuss this return with the preparer shown below (see page 3)? Yes No

Signature of trustee or officer representing trustee Preparer's signature Firm's name (or yours if self-employed), address, and ZIP code

Date Date Check if selfemployed EIN Phone no. ( Cat. No. 25368F )

Preparer's SSN or PTIN

For Privacy Act and Paperwork Reduction Act Notice, see page 4.

Form

1041-QFT

(2008)

Form 1041-QFT (2008)

Page

2

General Instructions
Section references are to the Internal Revenue Code.

For contracts entered into in . . . 1998 and before 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008

The contribution limit is . . . $7,000 7,100 7,200 7,500 7,700 7,800 8,000 8,200 8,500 8,800 9,000

Composite Return
A trustee may file a single, composite Form 1041-QFT for some or all QFTs of which he or she is the trustee, including QFTs that had a short tax year. You must attach a schedule to a composite Form 1041-QFT that includes the following information for each QFT (or separate interest treated as a separate QFT): The name of the owner or the beneficiary. If you list the name of the owner and that trust has more than one beneficiary, you must separate the trust into shares held by the separate beneficiaries; The type and gross amount of each type of income earned by the QFT for the tax year. For capital gains, identify separately the amount of (a) net short-term capital gain, (b) net long-term capital gain, (c) 28% rate gain, and (d) unrecaptured section 1250 gain; The type and amount of each deduction and credit allocable to the QFT; The tax and payments made for each QFT; and The termination date for each QFT that was terminated during the year.

Purpose of Form
The trustee of a trust that has elected to be taxed as a qualified funeral trust (QFT) files Form 1041-QFT to report the income, deductions, gains, losses, etc., and income tax liability of the QFT. The trustee can use the form to file for a single QFT or for multiple QFTs having the same trustee, following the rules discussed under Composite Return on this page. Pre-need funeral trusts that do not qualify as QFTs should see the instructions for Form 1041, U.S. Income Tax Return for Estates and Trusts, for their filing requirements.

Qualified Funeral Trust
A QFT is a domestic trust that meets all of the following requirements: It arose as a result of a contract with a person engaged in the trade or business of providing funeral or burial services or property to provide such services. The sole purpose of the trust is to hold, invest, and reinvest funds in the trust and to use those funds solely to pay for funeral or burial services or property to provide such services for the benefit of the beneficiaries of the trust. The only beneficiaries are individuals for whom such services or property are to be provided at their death under the contracts described above. The aggregate contributions to the trust on behalf of any single beneficiary do not exceed the Contribution Limit and are made by or for the beneficiaries' benefit. The trustee makes or previously had made the election to treat the trust as a QFT. The trust would have been treated as owned by the purchasers of the contracts under the grantor trust provisions of the Code if the QFT election had not been made. Note: A trust that is not treated as owned by the purchaser solely because of the death of an individual will be treated as meeting this requirement during the 60-day period beginning on the date of that individual's death. If a QFT has multiple beneficiaries, each beneficiary's separate interest under a contract is treated as a separate QFT for the purpose of figuring the tax and filing this return. Each beneficiary's share of the trust's income is determined in accordance with the beneficiary's interest in the trust. A beneficiary's interest in a trust may be determined under any reasonable method. Whenever these instructions refer to a trust or QFT, it includes such separate interests that are treated as separate QFTs.

How to determine if a trust meets the contribution limit. A trust meets the contribution limit if: Existing contributions do not exceed the contribution limit, and The trust, over its life, does not expect to receive future contributions that exceed the contribution limit. Projections for future contributions are based on: Existing contributions, Applicable state law trust contribution requirements, and Any expected contributions in excess of state law requirements. When to determine if the trust meets the contribution limit. Make the determination at the inception of the trust and again if the projected amount for future contributions changes. Losing QFT status. A trust loses its QFT status at the time it exceeds or is projected to exceed its contribution limit. Multiple beneficiaries. If a QFT has multiple beneficiaries, the contribution limit applies separately to each beneficiary. Each beneficiary's share of the total contributions to a trust is determined by the beneficiary's interest in the trust. A beneficiary's interest in a trust may be determined under any reasonable method. Related trustees and the contribution limit. A beneficiary's share of contributions made to all trusts that have trustees that are related persons will be aggregated for purposes of testing the contribution limit. Trustees will be considered related if: The relationship is described in section 267 or 707(b), The persons are treated as a single employer under subsection (a) or (b) of section 52, or The Secretary determines that treating the persons as related is necessary to prevent avoidance of this section.

When To File
File Form 1041-QFT on or before April 15, 2009. The due date for a composite return is also April 15, 2009, even if the return includes QFTs that terminated during the year. If you are filing for a short year, file Form 1041-QFT by the 15th day of the 4th month following the close of the short year. If the due date falls on a Saturday, Sunday, or a legal holiday, file by the next business day.

Private Delivery Services
You can use certain private delivery services designated by the IRS to meet the "timely mailing as timely filing/paying" rules for tax returns and payments. These private delivery services include only the following. DHL Express (DHL): DHL Same Day Service, DHL Next Day 10:30 am, DHL Next Day 12:00 pm, DHL Next Day 3:00 pm, and DHL 2nd Day Service. Federal Express (FedEx): FedEx Priority Overnight, FedEx Standard Overnight, FedEx 2Day, FedEx International Priority, and FedEx International First. United Parcel Service (UPS): UPS Next Day Air, UPS Next Day Air Saver, UPS 2nd Day Air, UPS 2nd Day Air A.M., UPS Worldwide Express Plus, and UPS Worldwide Express. The private delivery service can tell you how to get written proof of the mailing date.

Extension of Time To File
Use Form 7004, Application for Automatic Extension of Time To File Certain Business Income Tax, Information, and Other Returns to get a 6-month extension of time to file. An extension of time to file a return does not extend the time to pay the tax.

Making the Election
The trustee makes the election to treat a trust as a QFT by filing Form 1041-QFT for the trust by the due date (including extensions). You may elect QFT status for a trust's first eligible year or for any subsequent year. Once made, the election may not be revoked without the consent of the IRS.

Contribution Limit
How to determine your contribution limit. The contribution limit is determined by the year the purchaser entered into the contract for funeral or burial goods and services and does not change over the life of the trust. Use the table below to determine the contribution limit for each QFT.

Where To File
If you are located in The United States Then use the following address Department of the Treasury Internal Revenue Service Center Cincinnati, OH 45999 Internal Revenue Service Center P.O. Box 409101 Ogden, UT 84409

A foreign country or a United States possession

Form 1041-QFT (2008)

Page

3

Who Must Sign
Trustee
The trustee, or an authorized representative, must sign Form 1041-QFT.

Rounding Off to Whole Dollars
You may round off cents to whole dollars on your return and schedules. If you do round to whole dollars, you must round all amounts. To round, drop amounts under 50 cents and increase amounts from 50 to 99 cents to the next dollar. For example, $1.39 becomes $1 and $2.50 becomes $3. If you have to add two or more amounts to figure the amount to enter on a line, include cents when adding the amounts and round off only the total.

Final Form 1041
If you have an existing EIN(s) that you previously used for filing Form 1041 and that you will not use again (i.e., for QFTs included in a composite return), you should file Form 1041 and check the final return box.

Paid Preparer
Generally, anyone who is paid to prepare a tax return must sign the return and fill in the other blanks in the Paid Preparer's Use Only area of the return. The person required to sign the return must complete the required preparer information and: Sign it in the space provided for the preparer's signature and Give you a copy of the return in addition to the copy to be filed with the IRS.

Specific Instructions
Part I--General Information
Line 1--Name of Trust
Copy the exact name from the Form SS-4, Application for Employer Identification Number, used to apply for the employer identification number you are using to file Form 1041-QFT.

Estimated Tax
Generally, a QFT must pay estimated income tax for 2009 if it expects to owe, after subtracting withholding and credits, at least $1,000 in tax. Estimated tax liability is figured for the individual QFT, and not for a composite return taken as a whole. For details and exceptions, see Form 1041-ES, Estimated Income Tax for Estates and Trusts.

Paid Preparer Authorization
If the trustee wants to allow the IRS to discuss the QFT's 2008 tax return with the paid preparer who signed it, check the "Yes" box in the signature area of the return. This authorization applies only to the individual whose signature appears in the "Paid Preparer's Use Only" section of the QFT's return. It does not apply to the firm, if any, shown in that section. If the "Yes" box is checked, the trustee is authorizing the IRS to call the paid preparer to answer any questions that may arise during the processing of the QFT's return. The trustee is also authorizing the paid preparer to: Give the IRS any information that is missing from the QFT's return, Call the IRS for information about the processing of the QFT's return or the status of its refund or payment(s), and Respond to certain IRS notices that the trustee has shared with the preparer about math errors, offsets, and return preparation. The trustee is not authorizing the paid preparer to receive any refund check, bind the QFT to anything (including any additional tax liability), or otherwise represent the QFT before the IRS. The authorization will automatically end no later than the due date (without regard to extensions) for filing the QFT's 2009 tax return. If the trustee wants to expand the paid preparer's authorization or revoke the authorization before it ends, see Pub. 947, Practice Before the IRS and Power of Attorney.

Line 2--Employer Identification Number (EIN)
If the QFT is not filing as part of a composite return, use the EIN of the QFT. If the QFT does not have an EIN, it must apply for one. Every trustee that elects to file a composite return must apply for an EIN to be used only for filing Form 1041-QFT. A trustee must use a separate EIN for every Form 1041-QFT it files. A QFT without an EIN can apply for one. Online--A QFT can receive an EIN by Internet and use it immediately to file a return. Go to the IRS website at www.irs.gov/businesses/small and click on Employer ID numbers. By telephone--Call 1-800-829-4933. By mail or fax--Send in a completed Form SS-4. Form SS-4 can be obtained by calling 1-800-829-3676. If the QFT has not received its EIN by the time the return is due, write "Applied for" in the space for the EIN.

Interest and Penalties
Interest
Interest is charged on taxes not paid by the due date, even if an extension of time to file is granted. Interest is also charged on the failure-to-pay penalty, failure-to-file penalty, the accuracy-related penalty, and the fraud penalty. The interest charge is figured at a rate determined under section 6621.

Late Filing of Return
The law provides a penalty of 5% of the tax due for each month, or part of a month, up to a maximum of 25% of the tax due, for each month the return is not filed. If the return is more than 60 days late, the minimum penalty is the smaller of $100 or the tax due. The penalty will not be imposed if you can show that the failure to file on time was due to reasonable cause. If the failure was due to reasonable cause, attach an explanation to the return.

Line 3--Address
Include the suite, room, or other unit number after the street address. If the post office does not deliver mail to the street address and you have a P.O. box, show the box number instead of the street address. If you want a third party (such as an accountant or an attorney) to receive mail for the QFT, enter on the street address line "C/O" followed by the third party's name and street address or P.O. box. If you change your address (including a new "in care of" name and address) after filing Form 1041-QFT, use Form 8822, Change of Address, to notify the IRS.

Late Payment of Tax
Generally, the penalty for not paying the tax when due is 1/ 2 of 1% of the unpaid amount for each month or part of a month that it remains unpaid. The maximum penalty is 25% of the unpaid amount. The penalty applies to any unpaid tax on the return. Any penalty is in addition to interest charges on late payments.

Underpaid Estimated Tax
If the trustee underpaid estimated tax, use Form 2210, Underpayment of Estimated Tax by Individuals, Estates, and Trusts, to figure any penalty. If you include interest or any of these penalties with your payment, identify and enter these amounts CAUTION in the bottom margin of Form 1041-QFT. Do not include the interest or penalty amount in the balance of tax due on line 17.

Accounting Methods
Figure taxable income using the method of accounting regularly used in keeping the QFT's books and records. Generally, permissible methods include the cash method, the accrual method, or any other method authorized by the Internal Revenue Code. In all cases, the method used must clearly reflect income. Generally, the QFT may change its accounting method (for income as a whole or for any material item) only by getting consent on Form 3115, Application for Change in Accounting Method. For more information, see Pub. 538, Accounting Periods and Methods.

Line 4--Number of QFTs
If this is a composite return, enter the total number of QFTs (including separate interests treated as separate QFTs) included on the return.

Part II--Tax Computation
Composite Return
If this is a composite return, enter in Part II the totals for all the QFTs included on the return.

Other Penalties
Other penalties can be imposed for negligence, substantial understatement of tax, and fraud. See Pub. 17, Your Federal Income Tax, for details on these penalties.

Accounting Period
All QFTs must use a calendar year as their accounting period.

CAUTION

Form 1041-QFT (2008)

Page

4

Income
Line 2a--Total Ordinary Dividends Report all ordinary dividends received during the tax year. Report capital gain distributions on Schedule D (Form 1041), line 9.

Line 10--Allowable Miscellaneous Itemized Deductions Subject to the 2% Floor These deductions are deductible only to the extent that the aggregate amount of such deductions exceeds 2% of adjusted gross income (AGI). Among the miscellaneous itemized deductions that must be included on line 10 are expenses for the production or collection of income, such as investment advisory fees. AGI is figured by subtracting from total income on line 5 the total of the administrative costs on lines 7 through 9 to the extent they are costs incurred in the administration of the QFTs that would not have been incurred if the property were not held by the QFTs. If this is a composite return, you must figure the AGI separately for each QFT using each QFT's share of the amounts on the lines referred to above.

Line 16--Payments
Include on line 16 any: Estimated tax payments made for 2008. Tax paid with a request for an extension of time to file. Federal income tax withheld (for example, backup withholding). Credit for tax paid on undistributed capital gains. Also attach Copy B of Form 2439, Notice to Shareholder of Undistributed Long-Term Capital Gains.

Line 2b--Qualified Dividends
Enter on line 2b the amount reported on line 2a that is a qualified dividend. A qualified dividend is a dividend received during the tax year from (a) a domestic corporation or (b) a qualified foreign corporation. A qualified dividend does not include: any dividend from a corporation if the corporation is (or was) exempt from income tax under section 501 or 521 for the corporation's current (or preceding) tax year during which the distribution was made; any amount allowed as a deduction under section 591; or any dividend described under section 404(k). Exception. Some dividends may be reported to the trust as qualified dividends but are not qualified dividends. See the instructions for line 2b(2) in the 2008 Instructions for Form 1041 for more information. Line 4--Other Income Enter all other types of income not included on line 1a, 2a, or 3. List the type and amount on an attached schedule if the QFT(s) has more than one item.

Line 17--Tax Due
You must pay the tax in full when the return is filed. Make the check or money order payable to "United States Treasury." Write the EIN from line 2 of the form and "2008 Form 1041-QFT" on the payment. Enclose, but do not attach, the payment with Form 1041-QFT. Privacy Act and Paperwork Reduction Act Notice. We ask for the information on this form to carry out the Internal Revenue laws of the United States. You are required to give us this information. We need it to ensure that you are complying with these laws and to allow us to figure and collect the right amount of tax. Section 6109 requires return preparers to provide their identifying numbers on the return. You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as their contents may become material in the administration of any Internal Revenue law. Generally, tax returns and return information are confidential, as required by section 6103. The time needed to complete and file this form will vary depending on individual circumstances. The estimated average time is: Recordkeeping 9 hr., 34 min. Learning about the law or the form 2 hr., 18 min. Preparing the form 5 hr., 20 min. Copying, assembling, and sending the form to the IRS 48 min. If you have comments concerning the accuracy of these time estimates or suggestions for making this form simpler, we would be happy to hear from you. You can write to the Internal Revenue Service, Tax Products Coordinating Committee, SE:W:CAR:MP:T:T:SP, 1111 Constitution Ave. NW, IR-6526, Washington, DC 20224. Do not send the tax form to this address. Instead, see Where To File on page 2.

Line 13--Tax
Tax rate schedule. Unless the instructions below for Schedule D or Composite Return apply, figure the tax using the Tax Rate Schedule below. Enter the tax on line 13.

2008 Tax Rate Schedule
If taxable income is: Over-- $0 2,200 5,150 7,850 10,700

Deductions
Allocation of Deductions for Tax-Exempt Income Generally, no deduction that would otherwise be allowable is allowed for any expense that is allocable to tax-exempt income, such as interest on state or local bonds. Exception. State income taxes and business expenses that are allocable to tax-exempt interest are deductible. Expenses that are directly allocable to tax-exempt income are allocable only to tax-exempt income. A reasonable proportion of expenses indirectly allocable to both tax-exempt income and other income must be allocated to each class of income. Limitations on Deductions Generally, the amount a QFT has "at risk" limits the loss it can deduct in any tax year. Also, section 469 and its regulations generally limit losses from passive activities to the amount of income derived from all passive activities. Similarly, credits from passive activities are generally limited to the tax attributable to such activities. For details on these and other limitations on deductions, see Deductions in the Instructions for Form 1041. Line 9--Other Deductions Not Subject to the 2% Floor Attach your own schedule, listing by type and amount all allowable deductions that are not deductible elsewhere on the form. QFTs are not allowed a deduction for a personal exemption.
CAUTION

But not over-- $2,200 5,150 7,850 10,700

---

Its tax is: 15% $330.00 + 25% 1,067.50 + 28% 1,823.50 + 33% 2,764.00 + 35%

Of the amount over-- $0 2,200 5,150 7,850 10,700

Schedule D. If the QFT had both a net capital gain and any taxable income, or any qualified dividends and any taxable income, complete Part V of Schedule D (Form 1041), and enter the tax from line 34 of Schedule D. Composite return. If this is a composite return, check this box and enter on line 13 the total of the tax computed separately for each QFT using either the 2008 Tax Rate Schedule above or Schedule D (Form 1041).

Line 14--Credits
Specify the type of credit being claimed and attach any required credit forms. If you are claiming more than one type of credit, attach a schedule listing the type and amount of each credit claimed. See the Instructions for Form 1041 for details on the credits that may be claimed.

Line 15--Net Tax
If the QFT owes any additional taxes (for example, alternative minimum tax, recapture taxes, etc.), include these taxes on line 15. To the left of the entry space, write the type and amount of the tax. Also attach to Form 1041-QFT any forms required to figure these taxes (for example, Schedule I (Form 1041)). See the Instructions for Form 1041 for more details on additional taxes that may apply.