Enlarge image | Form 81-100-23-1-1-000 (Rev. 08/23) FIDUCIARY INCOME TAX RETURN (FOR ESTATES AND TRUSTS) 2023 INCOME TAX INSTRUCTIONS INDIVIDUAL INCOME TAX BUREAU PO BOX 1033 JACKSON, MS 39215-1033 WWW.DOR.MS.GOV |
Enlarge image | TABLE OF CONTENTS GENERAL INFORMATION 3 REMINDERS 3 TAXATION OF ESTATES AND TRUSTS 3 DEFINITIONS 3 TYPE OF ENTITY 3 WHO MUST FILE? 4 BANKRUPTCY ESTATE 4 ELECTRONIC FILING 4 WHEN AND WHERE SHOULD I FILE? 5 TAX PAYMENTS 5 INTEREST AND PENALTY PROVISIONS 5 LINE ITEM INSTRUCTIONS 5 FORM 81-110 (FIDUCIARY RETURN) 5 FORM 81-131 (BENEFICIARIES SHARES OF INCOME) 8 FORM 81-132 (MISSISSIPPI SCHEDULE K-1) 9 APPENDIX 11 COUNTY CODES 11 SCHEDULE OF TAX COMPUTATION 11 2 |
Enlarge image | GENERAL INFORMATION REMINDERS TAXPAYER ACCESS POINT (TAP) TAP is easy to use, convenient and free. Important tips to help expedite processing of your return: With TAP, you have the option to Go Paperless. This means Use black ink when preparing the return. that you pay your taxes on-line and receive certain correspondence electronically. Make sure the estate or trust federal identification number and the decedent or debtor social security number is TAP e-mail lets you know that you have new correspondence entered correctly on all returns, schedules, and to view on-line. You then logon to TAP to read the letter or attachments. message and take appropriate action on your account. Only you, or persons you authorize, can see your correspondence. Sign and date the tax return. When making payments or updating profile information, you Attach a copy of the federal return behind the state return should always log directly into TAP using your User ID and including returns filed electronically. Any additional password. TAP does not provide links containing your schedules and attachments should be stapled to the back transaction or personal information to any external web site. of the return. Remember, you can pay your bill on-line through TAP without Copies or reproductions of the official tax forms are not registering for a TAP account. For more information on TAP, acceptable. view the “Electronic Filing” section of this booklet. Do not place a staple in the barcode area of the form. Visit our website at www.dor.ms.gov to download forms by tax year and tax type. A bankruptcy estate is the estate of an individual involved in TAXATION OF ESTATES AND TRUSTS chapter 7 or chapter 11 bankruptcy proceedings under Title 11 of the United States Code and the estate has gross income for The income tax imposed upon individuals shall be applicable the tax year of $10,000 or more. The bankruptcy estate is to the income of estates or of any kind of property held in trust administered by a trustee or a debtor-in-possession. as well as the net income received during the taxable year by deceased individuals who, at the time of death, were residents and who have died during the taxable year or subsequent TYPE OF ENTITY thereto without having made a return, and the net income of resident insolvent or incompetent individuals where the Decedent’s Estate: fiduciary has complete charge of such income. The rate of tax, the statutory provisions respecting gross income, and with An estate of a deceased person is a taxable entity separate certain exceptions, the deductions, exemptions, and credits from the decedent. It generally continues to exist until the final allowed to individuals apply also to estates and trusts. distribution of the assets of the estate is made to the heirs and other beneficiaries. The income earned from the property of the estate during the period of administration or settlement DEFINITIONS must be accounted for and reported by the estate. A resident estate is the estate of a person who was a Simple Trust: Mississippi resident at the time of death. All other estates are nonresident estates. A trust may qualify as a simple trust if: A resident trust is any trust which is administered by the 1. The trust instrument requires that all income must be trustee in Mississippi. A trust being administered outside of distributed currently; Mississippi shall not be considered a resident trust merely because the governing instrument or a law requires that the 2. The trust instrument does not provide that any amounts are laws of Mississippi be followed with respect to interpretation or to be paid, permanently set aside, or used for charitable administration of the trust. All other trusts are non-resident purposes; and trusts. 3. The trust does not distribute amounts allocated to the corpus of the trust. 3 |
Enlarge image | Complex Trust: Every fiduciary is required to file a Mississippi Fiduciary Income Tax Return, Form 81-110, for any resident individual, A complex trust is any trust that does not qualify as a simple trust, or estate for which he acts, or for any nonresident trust as explained above. individual, trust, or estate for which he acts that has taxable income or gain derived from Mississippi sources. Grantor Type Trust: Income from Mississippi sources includes income or gain A grantor type trust is a legal trust under applicable state law from: that is not recognized as a separate taxable entity for income tax purposes because the grantor or other substantial owners a. Real or tangible personal property located in Mississippi have not relinquished complete dominion and control over the b. A business, profession or occupation carried on within trust. Mississippi; or c. Services performed within Mississippi Generally, for transfers made in trust after March 1, 1986, the grantor is treated as the owner of any portion of a trust in which For a nonresident estate or trust, income from the following is he or she has a reversionary interest in either the income or not considered to be derived from Mississippi sources: corpus therefrom, if, as of the inception of that portion of the annuities, interest, dividends, or gains from the sale or trust, the value of the reversionary interest is more than 5% of exchange of intangible personal property, unless it is part of the value of that portion. Also, the grantor is treated as holding the income from a business, trade, profession, or occupation any power or interest that was held by either the grantor's that is carried on within Mississippi. spouse at the time that the power or interest was created or who became the grantor's spouse after the creation of that BANKRUPTCY ESTATE power or interest. The filing of a bankruptcy petition for an individual debtor Qualified Disability Trust: creates a separate taxable entity known as a bankruptcy estate. Every trustee (or debtor-in-possession) that files a A qualified disability trust is any nongrantor trust: Federal Income Tax Return for an individual’s bankruptcy estate that has gross income of $10,000 or more under 1. Described in 42 U.S.C. 1396p(c)(2)(B)(iv) and established chapter 7 or chapter 11 of the United States Bankruptcy Code solely for the benefit of an individual under 65 years of age must file a Mississippi Fiduciary Income Tax Return and pay who is disabled, and any taxes due. The debtor will remain responsible for filing returns and paying taxes on any income that does not belong 2. All the beneficiaries of which are determined by the to the estate. Commissioner of Social Security to have been disabled for some part of the tax year within the meaning of 42 U.S.C. Every bankruptcy estate of an individual required to file a 1382c(a)(3). return must have its own EIN. The SSN of the individual debtor cannot be used as the EIN for the bankruptcy estate. A trust will not fail to meet item 2 above just because the trust's corpus may revert to a person who is not disabled after the The filing of a bankruptcy petition for a partnership or a trust ceases to have any disabled beneficiaries. corporation debtor under chapter 7 or chapter 11 of the United States Bankruptcy Code does not create a separate legal ESBT (S Portion Only): entity for tax purposes. The S portion of an ESBT is the portion of the trust that consists of S corporation stock and that is not treated as ELECTRONIC FILING owned by the grantor or another person. Users of TAP are able to: Pooled Income Fund: • make electronic payments A pooled income fund is a split-interest trust with a remainder • view recent account activity and history interest for a public charity and a life income interest retained • view tax correspondence by the donor or for another person. The property is held in a • make address changes pool with other pooled income fund property and does not include any tax-exempt securities. The income for a retained Tax practitioners Third Party Access for Tax Practitioners: life interest is figured using the yearly rate of return earned by can have TAP access to account information for each of your the trust. See section 642(c) and the related regulations for clients from one login. First, create your own TAP account more information. (only one per FEIN). Once you are registered in TAP, select "Add Access to Existing Account". Your client (taxpayer) must Bankruptcy Estate: provide you the Letter ID and Account ID in order for you to have access to their accounts. All accounts you set up for third A chapter 7 or 11 bankruptcy estate is a separate and distinct party access are found under the "Other Taxpayers' Accounts" taxable entity from the individual debtor for income tax tab in TAP. For more information on TAP, visit our website at purposes. www.dor.ms.gov. WHO MUST FILE? 4 |
Enlarge image | Check or Money Order Payments: To pay by check or WHEN AND WHERE SHOULD I FILE? money order, complete the payment voucher (Form 80- Calendar year returns must be filed no later than April 15th 106), make the check or money order payable to the Department of Revenue and mail both to P.O. Box 23075, annually. Fiscal year returns must be filed no later than the Jackson, MS 39225-3075. Write your identification number 15th day of the 4th month following the end of the fiscal year. on the check or money order. DO NOT send cash through A fiduciary’s taxable year and its method of accounting are the mail. required to be the same for Mississippi income tax purposes as determined for federal income tax purposes. Need more time to file your return? INTEREST AND PENALTY PROVISIONS If you will receive a refund or will not owe any additional tax, • Late Payment: Interest and penalty are charged on taxes Mississippi will allow you the same time to file your return as paid late even if an extension of time to file is granted. The allowed by federal. However, if you owe additional taxes, you interest is at the rate1/2% per month from the due date until must remit the tax due with Form 80-106 on or before the due paid. The penalty imposed for failure to pay the tax when date of the return. due is 1/2% per month not to exceed 25% in the aggregate. Late payment interest and penalty apply to any unpaid tax The authorized extension of time to file does not extend the after April 15th. time for payment of tax due. Interest and penalty will apply on any underpayment of tax. See the “Interest and Penalty • Failure to File: The penalty for failure to file a return is Provisions” section of this booklet for more information. imposed after September 30th. The penalty is 5% per month not to exceed 25% in the aggregate. The penalty The return should be mailed to: imposed for failure to file is based on the amount of net tax (balance due) on the return. Such failure to file a return Additional Tax Due or penalty shall not be less than $100. No Tax Due: Refund Request: Department of Revenue Department of Revenue P.O. Box 23050 P.O. Box 23058 Jackson, MS 39225-3050 Jackson, MS 39225-3058 TAX PAYMENTS The total tax due on the return must be paid in full no later than the 15th day of the 4th month after the end of the tax year. Payment options are as followed: • Online Payments: To pay online, go to www.dor.ms.gov, click on Taxpayer Access Point (TAP) and follow the instructions. Users are able to make estimated payments on-line without a DOR account or a TAP login. LINE ITEM INSTRUCTIONS Bankruptcy Estates FORM 81-110 (FIDUCIARY RETURN) If bankruptcy estate is checked, enter the bankruptcy debtor’s Form 81-110, Mississippi Fiduciary Income Tax Return for SSN in the “Decedent / Debtor SSN” field. If there is a joint Estates and Trusts is a reconciliation type return which uses debtor, a separate Fiduciary Income Tax Return must be filed the income from the U. S. Income Tax Return for Estates and using the instructions (Form 80-100) and tax table for a Trusts, Form 1041, as a starting point. Accordingly, a complete married person filing separately. The estate of the joint debtor copy of the federal return must be attached to this return, as is a separate taxable entity unless the court has substantively well as a copy of all Mississippi Schedule K-1s. consolidated the estates of the debtor and joint debtor. A copy of the U.S. Income Tax Return for Estates and Trusts, Form Generally, federal rules and regulations relating to estates and 1041, filed for the bankruptcy estate must be attached to the trusts will be followed for state purposes to the extent they are state return. not deemed contrary to the context and intent of Mississippi law. • Amended Return: If a bankruptcy case begins and is later dismissed by the bankruptcy court, the estate is not If you had income not directly included on your federal income treated as a separate taxable entity. If Mississippi tax return, such as income as a Qualified Subchapter "S" Trust Fiduciary Income Tax Returns have been filed for the (QSST), include such amounts on page 2, lines 18f, 18g, 18h estate, amended returns must be filed to move income and 18i as needed along with supporting details. 5 |
Enlarge image | and deductions from the estate returns to the debtor applicable Mississippi rates to the net taxable Mississippi Individual Income Tax Returns. If no income reported to the other state. Highest Fiduciary Income Tax Returns have been filed, all rates are meant to mean the highest rates at income and deductions must be reported on the debtor which the net taxable income reported to the returns. other state is taxable by the State of Mississippi. • Final Return: When the bankruptcy has ended, a final Line 4: Other Credits Mississippi Fiduciary Income Tax Return must be filed. The date of the bankruptcy confirmation and the estate The estate or trust share of allowable credit(s) closure date must be provided. should be combined, and the total entered on this line. For each type of credit taken, enter the applicable two digit code on Form 80-401 as MISSISSIPPI INCOME TAX provided in the Appendix. Form 80-401 must be attached. Please provide the information of the estate or trust. Enter the county code corresponding to the estate or trust (see Line 5: Net Income Tax Due Appendix for a list of the codes). For an estate, enter the date of decedent’s death and for a trust, enter the date the trust was Subtract line 3 and line 4 from line 2 and enter the established. Enter the number of Mississippi Schedule K-1(s) result here. included with the return and attach a copy of the K-1(s) to the return. PAYMENTS Line 1: Taxable Income or Loss for Mississippi Purposes Line 6: Mississippi Income Tax Withheld Enter the amount of Mississippi Taxable Income or Add the amounts shown as “MS Income Tax” Loss from page 2, line 26. withheld on Federal Forms 1099 and/or 1099- R. Enter the total amount withheld on line 7. You Line 2: Total Income Tax Due must complete Form 80-107, Income Tax/ Withholding Tax Schedule. Use the tax computation schedule, as provided in the Appendix to determine the total amount of Include readable copies of your Form 1099 with income tax due and enter the results on this line. your return. Copies of your Form 1099 are available only from your employer. The withholding Line 3: Credit for Tax Paid to Another State credit may be disallowed if 1099s are not attached to the return. These items should be listed on Form Individual resident, trust or estate that has taxable 80-107, Income/Withholding Tax Schedule, which income or gain derived from Mississippi sources must be attached to your return. and is required to pay an income tax to another state is allowed to take a credit against its Line 7: Estimated Tax Payments, Overpayment from Mississippi tax due in the same year for the amount Prior Year and Amount Paid with Extension of total income tax due to the other state (subject to certain limitations). Non-residents are not Enter the total estimated tax payments the estate allowed this credit. or trust made before filing the 2023 Mississippi tax return plus any amount credited from the In order to be allowed this credit, you MUST file a 2022 tax return. Any amount paid with a return with the other state and attach a copy of the request for extension of time to file should also return to your Mississippi return. The withholding be included in this amount. amounts shown on your W-2 forms are NOT the same as actual tax paid to the other state. Line 8: Credit for Tax Paid on an Electing Pass- Through Form 80-160 must be attached. Copies of Entity Tax Return withholding statements are not sufficient to Enter on line 8 the amount of taxes paid on your establish the credit. behalf by electing pass-through entities, from Form 80-161, line 3D. The Mississippi K-1s you received Miss. Code Ann. Section 27-7-77 provides for three limitations which are: from electing pass-through entities must be attached to the return. 1) The credit may not exceed the amount of Line 9: Refund Received and/or Amount Carried income tax due the State of Mississippi Forward From Original Return indicated on line 2; Enter the amount of refund received and/or carried 2) The credit may not exceed the amount of forward from the original return. This line only income tax actually paid to the other state; applies to amended returns. and 3) The credit may not exceed an amount computed by applying the highest 6 |
Enlarge image | REFUND OR BALANCE DUE COMPUTATION OF TAXABLE INCOME Line 11: Overpayment Line 17: Federal Adjusted Total Income or (Loss) If line 10 is larger than line 5, subtract line 5 from Enter the amount of federal adjusted total income or (loss) line 10 and enter the overpayment of tax on line 11. from federal Form 1041, page 1, line 17. Line 12: Amount of Overpayment to be Applied to Next Year Tax Account ADDITIONS Enter on this line the amount of your Line 18a: State Income Tax Adjustment overpayment from line 11 you wish to be credited to your 2024 estimated tax account. Taxes based on income are not deductible. Enter the amount of state, local and foreign government Line 13: Amount of Overpayment to be Refunded income taxes claimed as a deduction on Form 1041. Subtract line 12 from line 11 and enter the amount to be refunded on this line. Line 18b: Depletion Adjustment Line 14: Balance Due No deduction is allowed for depletion in excess of the cost basis of the depletable asset. Enter the If line 5 is larger than line 10, subtract line 10 amount of depletion claimed on Form 1041 in from line 5 and enter the balance due on this line. excess of the cost basis of the asset on which the depletion is claimed. Line 15: Interest and Penalty Line 18c: Interest Adjustment • Late Payment Interest and Penalty: An extension of time only extends the time for filing a Interest on obligations of states and political return, not payment of the tax. If the income tax is subdivisions thereof outside Mississippi is taxable not paid by the original due date of the return, then for Mississippi purposes. Enter the amount of interest on obligations of states and political interest is due at the rate of 1/2% per month. The subdivisions thereof (other than from Mississippi) penalty imposed for failure to pay the tax when due received by the fiduciary. is 1/2% per month not to exceed 25% in the aggregate. The penalty is based on the balance Line 18d: Expenses of Earning Exempt Income due (line 5 minus line 10). Interest and penalty for late payment is not charged on late file Interest received on U.S. Government obligations penalty. is not taxable for Mississippi purposes and expenses incurred in earning the tax exempt • Late Filing Penalty: The penalty imposed for income are not deductible. Enter the amount of failure to file a return is 5% per month not to exceed expenses directly applicable to earning interest on 25% in the aggregate. The failure to file penalty is U.S. Government obligations claimed on federal based on the amount of net tax (balance due, page Form 1041. 1, line 14). Such failure to file penalty shall not be less than $100 and will be applied to all Line 18e: Itemized Deductions Adjustment returns filed after the due date as well as any extensions. If you elect to claim the standard deduction on the Mississippi Fiduciary Income Tax Return (Form 81- Line 16: Total Due 110, page 2, line 21e), enter the amount of itemized deductions claimed on the fiduciary return Add lines 14 and 15 and enter the amount on this in arriving at the amount shown on line 17 of line. The amount due must be paid in full when you federal Form 1041. Attach a schedule of the file your return (or before the due date). Payments deductions added back. can be made by check or money order payable to the Department of Revenue. Do not send cash by Line 18f – 18i: Other Additions mail. BE SURE TO ENCLOSE PAYMENT VOUCHER, FORM 80-106, WITH YOUR Add back any other item which is treated differently PAYMENT. You may pay your tax in person at any for Mississippi income tax purposes than was of the Department of Revenue District Service treated for federal income tax purposes. Itemize Offices or through Taxpayer Access Point (TAP) here and attach a schedule if needed. Include any on our website. Balances due of less than $1.00 income not included as a part of Federal Form need not be paid. 1041, line 17. Line 19: Total Additions Add lines 18a through 18i. 7 |
Enlarge image | Line 20: Total Income Enter the total of lines 17 and 19. TAXABLE INCOME Line 23: Adjusted Net Income or (Loss) For DEDUCTIONS Mississippi Purposes Subtract line 22 from line 20. Line 21a: Exempt Interest Line 24: Amount Distributed to Beneficiaries Interest received on U.S. Government obligations is not taxable to Mississippi. Enter the amount of Complete Schedule K, Form 81-131, and deduct such interest reported as income on federal Form (1) any income of the estate or trust for its taxable 1041. year which is distributable currently by the fiduciary to a beneficiary, whether or not such income is Line 21b: Wages Adjustment actually distributed, or (2) any income of the estate or trust for its taxable year which is properly paid or Federal income tax laws allow certain tax credits credited during such year to a beneficiary if there based on wages paid to employees, and a portion was vested in the fiduciary a discretion either to of the wages on which the credit was based is not distribute or to accumulate such income. Income allowed as a deduction. Mississippi does not distributed to non-residents of this state from allow these credits. Enter the amount by which investments in intangibles (dividends, interest, wages on the Form 1041 were reduced by etc.) having a situs in Mississippi may be excluded employment tax credits (such as the Targeted from the non-resident's Mississippi taxable Jobs Credit). income. Income from other sources distributed or Line 21c: Capital Gains Adjustment distributable to non-residents shall be included in gross income and reflected in the return filed by such non-resident with this state. Enter the amount of capital gains on the sale of authorized shares in financial institutions domiciled in Mississippi and domestic corporations, or Line 25: Exemption partnership interests in domestic limited partnerships and domestic limited liability Estates and trusts are allowed the same companies exempt from Mississippi tax by Miss. exemptions that are allowed for federal purposes. Code Ann. Section 27-7-9(f)(10). Estates…………………………………… $600 Line 21d: Expenses of Earning Interest Income Trusts required to distribute all income currently………………………………….. $300 Enter the amount of expenses directly applicable Trusts permitted to accumulate income $100 to earning the interest income shown on Form 81- 110, page 2, line 18c. Such expenses would not have been deductible on Form 1041 since they Line 26: Taxable Income or Loss for Mississippi relate to tax-exempt income. Purposes Line 21e: Standard Deduction Subtract line 24 and line 25 from line 23 and enter the result here and on page 1, line 1 of this form. A standard deduction of $2,300 is allowed to fiduciaries in lieu of itemized fiduciary expenses. If the standard deduction is claimed, see Form 81- FORM 81-131 (BENEFICIARIES SHARES OF INCOME) 110, page 2, line 18e. Column A: Enter the name, complete current address, and Line 21f: Non-resident Fiduciary Returns Only Employer Identification Number (FEIN) or Social Security Number (SSN) of each beneficiary Enter the amount of income from Non-Mississippi having a beneficial interest in the estate or trust. sources, net of expenses and attach a schedule. This adjustment is necessary to determine taxable Column B: Enter the percentage of beneficial interest owned income or loss for Mississippi purposes. by each beneficiary. You must account for 100% of the ownership. Also, enter the state of Line 21g – 20i: Other Deductions residency of each beneficiary. Deduct any other item which is treated differently Column C: Enter the total amount distributed to each for Mississippi income tax purposes than was and beneficiary based on their respective treated for federal income tax purposes. Itemize Column D: percentage of beneficial interest in the estate or here and attach schedule if needed. trust. Column C is used to report to both resident and non-resident beneficiaries, the Line 22: Total Deductions distributions which are taxable to Mississippi. For resident beneficiaries, the amount of Enter the total of lines 21a through 21i. distribution includes income from all sources. 8 For non-resident beneficiaries, the amount of distribution includes only Mississippi sourced |
Enlarge image | income. Column D is used to report to the non- Box 4a: Net Long-Term Capital Gain resident beneficiary the amount of the distribution from non-Mississippi sourced Enter the beneficiary's share of net long-term income (not taxable to the Non-resident capital gain minus allocable deductions. Do not beneficiary on a Mississippi return). enter a loss on this line. Amount Allocated to Beneficiaries (bottom of page 1): Box 4b: 28% Rate Gain Enter the combined totals of Columns C and D. This represents the deduction allowed to the estate or trust for A collectible gain (loss) is any long-term gain or distributions to beneficiaries. The total should be transferred deductible long-term loss from the sale or to Form 81-110, page 2, line 24. exchange of a collectible that is a capital loss. Mississippi Law does not conform to federal with If additional space is needed, use another Form 81-131. respect to the tax treatment of capital gains; therefore, the gain is taxed as ordinary income. FORM 81-132 (MISSISSIPPI SCHEDULE K-1) Box 4c: Unrecaptured Section 1250 Gain Form 81-132, Mississippi Schedule K-1, is used to report the Enter the beneficiary's share of Mississippi Section beneficiary's share of income, deductions, and credits from a 1250 Gain. trust or a decedent's estate. The fiduciary (or one of the joint fiduciaries) must prepare Schedule K-1 for each beneficiary Box 5: Other Portfolio and Nonbusiness Income having a beneficial interest in the trust or estate at any time during the taxable year. Copies of the Schedule K-1 are Enter the beneficiary's share of annuities, royalties, required to be filed with Form 81-110. or any other income, minus allocable deductions (other than directly apportionable deductions). Mississippi law conforms to the Internal Revenue Code with respect to passive activity and rental real estate activity Box 6: Ordinary Business Income limitations. The amounts shown on the Schedule K-1 reflect Mississippi income or loss and related expenses. Enter the beneficiary's share of ordinary business income minus allocable deductions (other than Mississippi will also follow federal rules relating to character of directly apportionable deductions). income and allocation of deductions as shown in the instructions for preparing Schedules K-1 which are included in Box 7: Net Rental Real Estate Income the federal Form 1041 instructions. Each Schedule K-1 (Form 81-132) must be completed to show (1) the beneficiary's SSN Enter the beneficiary's share of rental real estate or FEIN; (2) the trust or estate's FEIN; (3) the name of the trust income minus allocable deductions (other than or decedent's estate; (4) the name and address of the directly apportionable deductions). beneficiary; (5) the name and address of the fiduciary; and (6) the beneficiary's percentage of interest in the entity for the tax Box 8: Other Rental Income year. Enter the beneficiary's share of other rental income Box 1: Interest Income minus allocable deductions (other than directly apportionable deductions). Enter the beneficiary's share of the taxable interest income minus allocable deductions. Box 9: Directly Apportioned Deductions Box 2a: Ordinary Dividends Depreciation: Enter the beneficiary's share of the depreciation deductions attributable to each Enter the beneficiary's share of Mississippi activity reported in Boxes 5 through 8. Follow ordinary dividend income minus allocable federal instructions for apportioning depreciation deductions. deductions between the beneficiaries and the trust or estate. Box 2b: Qualified Dividends Depletion: Enter the beneficiary's share of the Enter the beneficiary's share of Mississippi depletion deduction under IRC Section 611 qualified dividend income minus allocable attributable to each activity reported in Boxes 5 deductions. through 8. Follow federal instructions for apportioning depletion deductions between the Box 3: Net Short-Term Capital Gain beneficiaries and the trust or estate. Enter the beneficiary's share of net short-term Amortization: Itemize the beneficiary's share of capital gain minus allocable deductions. Do not the amortization deductions attributable to each enter a loss on this line. activity reported in Boxes 5 through 8. Apportion the amortization deductions between the trust or 9 |
Enlarge image | estate and the beneficiaries in the same way the depreciation and depletion deductions are divided. Box 10: Final Year Deductions Excess Deduction on Termination: Mississippi will follow the federal treatment as it relates to excess deductions on termination (see Federal Schedule K-1 instructions). Short-Term Capital Loss Carryover and Long- Term Capital Loss Carryover: Upon termination of the trust or decedent's estate, the beneficiary succeeding to the property is allowed to deduct any unused capital loss carryover under IRC Section 1212. Net Operating Loss (NOL) Carryover: Upon termination of a trust or decedent's estate, a beneficiary succeeding to its property is allowed to deduct any unused NOL carryover if the carryover would be allowable to the estate or trust in a later tax year but for thetermination. Part IV: Mississippi Tax Credits On the appropriate lines, enter the beneficiary's share of Ad Valorem Tax Credit or other credits earned by the trust or estate. Enter the code number, type of credit and credit amount as reflected on Form 80-401. Part V: Partner's Pass-Through Entity Tax Credit Enter the amount of electing pass-through entity credit being passed from the fiduciary to the beneficiary on the beneficiary's share of income. The Mississippi K-1 received by the fiduciary from an electing pass-through entity must be attached to the return. 10 |
Enlarge image | APPENDIX COUNTY CODES COUNTY CODE COUNTY CODE COUNTY CODE Adams 01 Itawamba 29 Pike 57 Alcorn 02 Jackson 30 Pontotoc 58 Amite 03 Jasper 31 Prentiss 59 Attala 04 Jefferson 32 Quitman 60 Benton 05 Jefferson-Davis 33 Rankin 61 Bolivar 06 Jones 34 Scott 62 Calhoun 07 Kemper 35 Sharkey 63 Carroll 08 Lafayette 36 Simpson 64 Chickasaw 09 Lamar 37 Smith 65 Choctaw 10 Lauderdale 38 Stone 66 Claiborne 11 Lawrence 39 Sunflower 67 Clarke 12 Leake 40 Tallahatchie 68 Clay 13 Lee 41 Tate 69 Coahoma 14 Leflore 42 Tippah 70 Copiah 15 Lincoln 43 Tishomingo 71 Covington 16 Lowndes 44 Tunica 72 Desoto 17 Madison 45 Union 73 Forrest 18 Marion 46 Walthall 74 Franklin 19 Marshall 47 Warren 75 George 20 Monroe 48 Washington 76 Greene 21 Montgomery 49 Wayne 77 Grenada 22 Neshoba 50 Webster 78 Hancock 23 Newton 51 Wilkinson 79 Harrison 24 Noxubee 52 Winston 80 Hinds 25 Oktibbeha 53 Yalobusha 81 Holmes 26 Panola 54 Yazoo 82 Humphreys 27 Pearl River 55 Non-Resident 83 Issaquena 28 Perry 56 Resident Living Out 90 of State SCHEDULE OF TAX COMPUTATION TAX RATE(S) TAXABLE INCOME TAX RATE INCOME TAX a. First $10,000 x 0% = b. Remaining balance x 5% = Total Income Tax – Add lines “a” through “b”. Enter on page 1, line 2. 11 |