Form OR-41 Instructions 2022 Fiduciary Income Tax This publication is a guide, not a complete statement, of Oregon Revised Statutes (ORS) and Oregon Administrative Rules (OAR). For more information, refer to the laws and rules at www.oregon.gov/dor. Codes Purpose of this form The following tax credits codes are no longer available, The fiduciary of a decedent’s estate, trust, or bankruptcy including carryforwards: estate uses Form OR-41 to report to the state of Oregon: • Biomass production/collection (ORS 315.141) .......code 838 • The income, deductions, gains, losses, etc. of the estate or • Pollution control facilities (ORS 315.304) ...............code 857 trust; • Reforestation of underproductive • The income that is either accumulated or held for future forestlands (ORS 315.104) .........................................code 867 distribution or distributed currently to the beneficiaries; • Renewable Energy Development Fund and contributions (ORS 315.326) .....................................code 859 • Any income tax liability of the estate or trust. Reminders New information Oregon due date Visit www.oregon.gov/dor for possible updates to these instructions. Generally, Form OR-41 is due by April 18, 2023 for 2022 calendar year taxpayers, excluding extensions. Fiscal year Federal tax subtraction returns are due by the 15th day of the fourth month follow- ing the close of the tax year. ORS 316.695 limits the amount of federal tax subtraction allowed based on the federal taxable income of the trust. Federal law connection The allowable subtraction is between $0 and $7,250. See Oregon is tied to federal income tax laws as amended and instructions for Schedule 2, line 8 for more information. in effect on December 31, 2021. Oregon exceptions to federal tax law: Psilocybin business expenses • IRC Section 139A tax exemption for federal subsi dies ORS 316.680(j) allows a subtraction for any federal deduc- for employer prescription drug plans. If you have this tion that the taxpayer would have been allowed for the type of business income, you’ll have an addition on manufacturing or sale of psilocybin products or the provi- your Oregon return. Use addition code 123 on Schedule sion of psilocybin services authorized under ORS 475A.210 OR-ASC-FID. to 475A.722 but for section 280E of the Internal Revenue • IRC Section 529 tax exemption for earnings on col lege Code. Use subtraction code 385 on Schedule OR-ASC-FID. savings plan funds used for K–12 tuition. Ore gon College & MFS 529 Savings Plans may be used for higher educa- Individual Development Account (IDA) donations tion expenses only. If previously subtracted contributions credit (ORS 315.271) For tax years beginning on or after January 1, 2022 and before January 1, 2028, this credit is allowed to be claimed Contents for the prior year if the donation is made not later than April 15 following December 31 of the prior year. This change New information .............................................................1 is effective for tax years 2022 through 2027, for donations Reminders ........................................................................1 made prior to April 15, 2028. See HB 2433 (2021). Filing requirements .........................................................2 Residency definitions .....................................................3 Extension of time for filing ............................................4 Sunset credits Form OR-41 instructions ...............................................4 Beginning January 1, 2022, the following tax credits are Schedule 1—Oregon changes .....................................7 no longer available, except for applicable carryforward Schedule 2—Fiduciary adjustment .............................7 purposes: Part-year resident and nonresident fiduciaries ...........8 Oregon-source income ...................................................9 • Bovine manure (carryforward only) (ORS 315.176). How to assemble the return ..........................................9 • Child Care Fund contributions (carryforward only) (ORS Mailing addresses and payment instructions ............9 315.213). Taxpayer assistance .......................................................10 Appendix A ....................................................................11 150-101-041-1 (Rev. 10-06-22) 1 2022 Form OR-41 Instructions |
are withdrawn and used for K–12 tuition, you’ll have an Payments received after the original due date of a return addition on your Oregon return. Use addition code 117 on are applied first to penalty, then to interest, then to tax. Schedule OR-ASC-FID. [ORS 305.265(13)]. • IRC Section 199A deduction for noncorporate qual ified Federal election. Oregon accepts the federal election made business income (QBID). Oregon is discon nected from by the executor of an estate and the trustee of a qualified the QBID. If you have this type of deduction on your revocable trust to treat the trust as part of the estate. IRC federal return, you’ll have an addition on your Oregon Section 645. return. Use addition code 185 on Schedule OR-ASC-FID. If you made this election for your federal return, check the Do you need a new FEIN (federal employer “A trust filing as an estate” box on Form OR-41, box A, and identification number)? fill in the date of death. Include a copy of the required fed- eral Form 8855 and a copy of the death certificate. Estates Confirmation of mailing. We can’t respond to requests for You are required to obtain a new FEIN if any of the follow- receipt of returns, extensions, or payments. If you want ver- ing statements are true: ification that your envelope reached us, send it by certified • A trust is created with funds from the estate (not simply a mail or a private mail courier that offers tracking services. continuation of the estate). Change of name or address. It’s important, if you change • You represent an estate that operates a business after the the name or address of your trust or estate, to check the owner’s death. appropriate box(es) on Form OR-41, page 1. You aren’t required to obtain a new FEIN if the following Deferral of gain. Did you file federal Form 8824 because statement is true: you are deferring gain on exchanged property? If busi- • The administrator, personal representative, or executor ness or investment property in Oregon was exchanged changes. for property outside Oregon, check the box on the front of Form OR-41, “Form OR-24 is included.” Then complete and Trusts include Form OR-24 with the return. You are required to obtain a new FEIN if any of the follow- ing statements are true: File Form OR-24 annually until the disposal of the like-kind property. In the year that the gain is finally recognized for • One person is the grantor/maker of many trusts. Each federal purposes, you’re required to file a return and report trust must have its own FEIN. the portion of the gain that is subject to Oregon taxation. • A trust changes to an estate. • A living or inter vivos trust changes to a testamentary Capital gain on liquidated farm assets. A reduced tax rate trust. is available if you sold or exchanged capital assets used in • A revocable trust changes to an irrevocable trust. farming activities. The sale or exchange must represent a • A living trust terminates by distributing its property to a substantially complete termination of a farming business residual trust. you own. The sale can’t be to a family member. See instruc- tions for Schedule 1, line 4. (ORS 316.045). You aren’t required to obtain a new FEIN if any of the fol- lowing statements are true: Pass-through entity (PTE) reduced tax rate. ORS 316.043 allows a taxpayer to claim a reduced tax rate for income • The trustee changes. from a PTE if certain conditions are met. See instructions • The grantor or beneficiary changes their name or address. for line 9. Note: If you need a new FEIN, apply for one with the Inter- nal Revenue Service (IRS) by using federal Form SS-4. For Filing requirements more information about a FEIN, see IRS Publication 1635, available on the IRS website at www.irs.gov. A fiduciary return must be filed for: Extension of time to file. Oregon accepts the same automatic • Resident estates or trusts required to file a federal Form extension of time to file allowed by the IRS. If you timely 1041 or 990-T. applied to the IRS for the five-and-a-half month automatic • All resident estates and trusts upon termination to report extension to file (federal Form 7004), check the “Extension the final distribution to beneficiaries. to file” box on your Form OR-41. Oregon accepts a valid • Ancillary Oregon estates with federal gross income of federal extension. $600 or more for the tax year. • Nonresident estates with federal gross income of $600 or Payment. You may pay online at www.oregon.gov/dor or more from Oregon sources for the tax year. see “Mailing addresses and payment instructions” on the • All estates that want to establish a fiscal tax year, even if last page of these instructions. the estate had less than $600 of federal gross income for Estates and trusts aren’t required to make estimated tax the tax year. payments to Oregon. Your full payment is due on the origi- • Part-year resident trusts with federal gross income of nal due date of the tax return, excluding extension. $600 or more from Oregon sources for the tax year. 150-101-041-1 (Rev. 10-06-22) 2 2022 Form OR-41 Instructions |
• Nonresident trusts with federal gross income of $600 or If you’re an executor/personal representative of an estate, more from Oregon sources for the tax year. you may be required to file an Estate Transfer Tax return (Form OR-706). If a decedent has a gross estate of $1,000,000 If you’re a nonresident estate or trust and the only Oregon- or more and the estate contains any Oregon property, the source income you had for the tax year has been included estate is required to file an Oregon Estate Transfer Tax in a composite filing by a pass-through entity, you’re not return. required to file an OR-41. If Form 5227 or Form 1041-A is required for federal income tax purposes, only file a copy of that form with us if there Residency definitions is tax due to Oregon. File a Form OR-41 and include a copy of the federal return. • Estates. An estate is an Oregon resident if the personal representative is appointed by an Oregon court, or if the Exempt organizations. If you file federal Form 990-T and estate administration is in Oregon. All other estates are you’re a corporation, file Form OR-20. If a federal Form nonresidents. An estate can’t be a part-year resident. 990-T is filed, also file Oregon Form OR-41 for your trust. Don’t complete Form OR-41, lines 1, 2, 5, 5a, and 6. From • Trusts. A trust is a resident if the trustee is an Oregon Form 990-T, enter any unrelated business taxable income resident or if the trust administration is in Oregon. If on Form OR-41, Schedule 1, line 2, and the fiduciary adjust- there are several trustees and one is an Oregon resident, ment on line 5b. Also complete Form OR-41, Schedule 1 and the trust is an Oregon resident trust. A trust can be a Schedule 2, column B. part-year resident if a trustee moves in or out of Oregon during the tax year. See part-year resident instructions Your original due date for federal Form 990-T is the 15th below. day of the 5th month after the end of your tax year. Exam- ple: Your organization year end is December 31, 2022. Your • Interstate trust administration. If the trustee is a cor- original due date for federal Form 990-T is May 16, 2023. At porate fiduciary engaged in interstate trust administra- the top of Form OR-41 write, “Original due date May 16, tion, the trust is considered to be a resident of Oregon 2023.” and the place of administration for that trust is consid- ered to be Oregon if the trustee conducts the major part of Bankruptcy estates. Your return will consist of Oregon its administration of the trust in Oregon. In this context, Forms OR-41 and OR-40, and copies of your federal Forms “administration” relates to fiduciary decision making of 1041 and 1040. Oregon Form OR-41 is used only as a trans- the trust and not to the incidental execution of such deci- mittal for Form OR-40. Enter the tax amount computed on sions. Incidental functions include, but are not limited Form OR-40 on Form OR-41, line 8. If you request a prompt to, preparing tax returns, executing investment trades as determination (aka: rapid audit), you must send your writ- directed by account officers and portfolio managers, pre- ten request separately from Form OR-41. Send your request paring and mailing trust accountings, and issuing dis- to: bursements from trust accounts as directed by account Oregon Department of Revenue officers. [OAR 150-316-0400(5)]. Fiduciary/Estate Unit Funeral trust. A resident funeral trust is a qualified funeral 955 Center St NE trust (QFT) that has the meaning given in IRC Section 685. Salem OR 97301-2555 A resident funeral trust is required to be established under Period covered by the return. The return must be for the the law of this state, or is established by contract, for the same tax year used for filing the federal return. Trusts are funeral home or cemetery to provide services or merchan- required to file on a calendar year. dise in Oregon. When and where to file the return. All trust and estate Name of executor or trustee. If there are co-fiduciaries, returns filing for the 2022 calendar year are due by April enter the name and address of the one who signs the 18, 2023. Estate returns for other tax periods, fiscal year or return. short period, are due by the 15th day of the fourth month Other returns required of fiduciaries. File the final appli- following the close of the estate’s year. Example: Your cable personal income tax return (Form OR-40, Form OR- estate is on a fiscal year starting June 1, 2022 and ending 40-N, or Form OR-40-P) for a deceased taxpayer’s last May 31, 2023. The 2022 Form OR-41 is due by September tax year, the year of death. If a federal Form 1040-NR is 15, 2023. required for a nonresident beneficiary, Form OR-40-N See “Mailing addresses and payment instructions” below. may be required. If a federal return is required for a minor, Signature. The fiduciary or officer representing the fidu- incompetent person, missing person, or conservatee, an ciary must sign the return and provide the fiduciary’s Oregon return must be filed. If a person who is incompe- phone number. tent or is now deceased failed to file a prior year individ- ual income tax return as required, the trustee is required Accounting period. The accounting period must be the to file the return. If you filed a federal Form 1040-NR for a same as for federal income tax purposes. Show the same nonresident trust, you must file an Oregon Form OR-41 to accounting period on your Form OR-41-V, if used, and report the income. your Form OR-41. 150-101-041-1 (Rev. 10-06-22) 3 2022 Form OR-41 Instructions |
Accounting method. The accounting method must be the the value of the property acquired from the decedent (ORS same as for federal income tax purposes. If the method is 314.310). changed, adjustments must be made to avoid duplication or omission of income and deductions. Extension of time for filing Amended return. If you need to amend your tax return, use the Form OR-41 for the specific tax year. Check the The extension of time to file for most fiduciary tax returns “Amended” box on the front of the return. Include a com- is five and a half months. This applies to estates (other than plete narrative explanation for the changes, a complete bankruptcy estates) and trusts filing federal Form 1041. copy of the amended federal Form 1041, and all supporting documents. The extension of time to file for certain associations, trusts, or other unincorporated organizations that are not tax- Unused loss carryovers. IRC Sections 172 and 1212 apply to able as a corporation for federal tax purpose are allowed an estate or trust and the beneficiaries. Include a copy of the 6 months. This applies to federal 990-T filers other than federal loss carryover schedule with Form OR-41. corporations. Income taxable to the grantor or substantial owner. Any If you need more time to file, send your payment, federal part of trust income taxable to the grantor or another per- Form 7004 or Form 8868, and Form OR-41-V to: son under IRC Sections 671 through 678 isn’t taxed on a fiduciary return. However, the income information must Oregon Department of Revenue be shown on Schedule OR-ASC-FID and be included with PO Box 14950 Form 1041. Include this schedule with Form OR-41 to Salem OR 97309-0950 show Oregon additions and subtractions to federal taxable If you make a payment, check the “Extension payment” box income. If the grantor trust is exempt from filing Form 1041 on the Form OR-41-V. If you aren’t making an Oregon pay- under Treasury Regulation 1.671-4, it’s also exempt from ment, complete and file the federal extension Form 7004 or filing Form OR-41 (OAR 150-316-0445). Form 8868 with the IRS. Keep a copy of your complete fed- Returns for estates and complex trusts. On Oregon Form eral extension form. Check the “Extension to file” box on OR-41, lines 1 through 7, allocate the income and Oregon Form OR-41, page 1, and include a copy of the Form 7004 or modifications between the estate or trust and the benefi- Form 8868 with the return. ciary if an authorized distribution was made or required during the tax year. The fiduciary must provide the benefi- An extension of time to file your return isn’t an extension ciary with income distribution and Schedule K-1 on federal of time to pay your tax. All tax due must be paid by the Form 1041. Include a copy of each K-1 with Form OR-41. original due date of the return to avoid penalties. See instructions for line 6. When you file your return Transferee. The money and property of a taxpayer who has died passes to a person, estate, or trust, called the trans- • If applicable, check the box on the front of Form OR-41 feree. The transferee may be liable for the obligations and indicating “Extension to file.” liabilities of the deceased person. The liability includes tax, • Include the amount you paid with Form OR-41-V, on line interest, and penalty. The transferee’s liability is limited to 17. Form OR-41 line instructions Please note: Complete this form by beginning on page 3, Line 3. Percentage. When computing the percentage, round schedule 1. to four decimal places. For example, 12.34558 percent should be 12.3456 percent. The computed percentage can’t Simple trusts without capital gains or losses, or estates ter- be greater than 100 percent. minating in this tax year, must complete Form OR-41, lines 2, 5a, and 6 on the front, and Schedules 1 and 2, lines 1–19 Line 5a. Enter the fiduciary adjustment allocable to the on page 3. beneficiary. The number entered is a positive whole num- ber. (ORS 316.287 and OAR 150-316-0410.) If the adjust- If there are no distributions to the beneficiary, begin on line ment is a subtraction, the beneficiary’s share is limited to 4. If no distributions were made to beneficiaries, the fidu- an amount equal to the distribution of income taxable on ciary adjustment on line 5 should be carried over to line 5b. the beneficiary’s individual return. A fiduciary adjustment addition increases the beneficiary’s income. The benefi- Line 2. Distribution deduction. Enter the amount from ciary’s share of the addition is limited as follows: Subtract federal Form 1041, Schedule B, line 15, plus Oregon Form the taxable portion of the distribution from the total amount OR-41, Schedule 1, line 6. of the distribution. The balance is the beneficiary’s share, Line 2a. Tax-exempt income deducted in computing the unless the amount of the addition is smaller. distribution deduction on Line 2. Enter the amount from Any amount of a fiduciary adjustment not allocable to a ben- federal Form 1041, Schedule B, line 12. eficiary is an adjustment to the fiduciary’s taxable income. 150-101-041-1 (Rev. 10-06-22) 4 2022 Form OR-41 Instructions |
Check the appropriate box to indicate whether it’s an addi- tion or a subtraction. Credits Line 6. A copy of federal Form 1041, Schedule K-1 or an Note: Refer to Publication OR-17 or Oregon statutes for acceptable substitute, for each beneficiary, must be filed additional information about credits. with Form OR-41. The total of the income and Oregon fidu- All credit codes are separated into three categories: stan- ciary adjustment reported on all Schedules K-1 must equal dard credits, carryforward credits, and refundable credits. the amount entered on line 6. Each beneficiary’s share of the fiduciary adjustment must either be shown at the bot- Standard credits are nonrefundable credits that can only be tom of their K-1 on a blank line or on a separate sheet claimed on the current year’s tax return. Credit amounts awarded and not used in the current tax year will be lost. included with the K-1. Mark it “Oregon fiduciary addition (or subtraction)” and write in the amount the beneficiary is Carryforward credits are nonrefundable credits for which to report. Don’t break the fiduciary adjustment down into any unused portion in the current tax year may be carried separate components. forward to the following tax year. The number of years that a credit can be carried forward varies according to the Example: An Oregon fiduciary adjustment includes a carryforward rules of the credit. $3,300 federal tax subtraction, a $600 U.S. government interest subtraction, and a $1,300 Oregon tax addition. The If you have both standard credits and carryforward credits, amount reported to the beneficiary is an Oregon fiduciary standard credits should be used first so they aren’t lost. adjustment subtraction of $2,600. Refundable credits can only be claimed on your current If you have a capital gain which isn’t distributed to the ben- year’s tax return; however, any amount that is more than your tax will be refunded to you. eficiaries, line 2 plus line 5a won’t equal line 6. Include a statement with your return and explain there is an undis- Line 11. Standard tax credits. Use Schedule OR-ASC-FID, tributed capital gain on Form 1041, Schedule B, line 6. Section 3, to report the amount and description of any stan- dard credits claimed. See Appendix A for a list of avail- Line 8. Tax. Use the rate schedule on Form OR-41, page 3, able credits. The total of all standard credits from Schedule to figure the tax. OR-ASC-FID, Section 3, is entered on Form OR-41, line 11. Line 9. Reduced-rate tax amount and qualifying source(s). Don’t include payments or claim of right credit on line 11. If you qualify for a reduced tax rate for net long-term capital gain (NLTCG) under ORS 316.045, see Worksheet OR-FCG Common standard credits include: at www.oregon.gov/dor/forms. This worksheet is for refer- Credit for income taxes paid to another state ence only; do not attach to Form OR-41. [Code 802] (ORS 316.082, 316.131, 316.292). To claim the reduced tax rate, you must check the NLTCG box on Form OR-41, line 9. Enter the amount you have com- Resident estates and trusts. Generally, you can claim this puted and attach an explanation of how you computed the credit if the estate or trust has income that is taxed by both tax on your return. Name your attachment “FID Reduced Oregon and another state. An Oregon resident trust that Tax Rate Schedule.” has income taxed by Arizona, California, Indiana, or Vir- ginia may not claim the credit on the Oregon return. The If you qualify for a reduced tax rate for qualifying income credit should be claimed on the nonresident return for that under ORS 316.043 from a partnership or an S corporation, state. If the trust is a resident of Oregon and also a resident you may elect to use a reduced tax rate for PTE income. The of another state, the credit may be claimed on the Oregon reduced tax rate can be claimed for qualifying income up to return. Include a copy of the return you filed with the other $5 million. This election is irrevocable. To determine if you state and proof of payment of the tax. No credit is allowed qualify, refer to the instructions for Schedule OR-PTE-FY. if the tax has been claimed as a deduction. If a deduction for This schedule is for reference only; do not attach it to Form the other state’s tax was claimed on Form 1041, it must be OR-41. added to income on Oregon Form OR-41, Schedule 2, line 17. To claim the reduced tax rate, you must check the PTE box How much is the credit? Your credit is the smallest of: on Form OR-41, line 9. Enter the amount you have com- • Your Oregon tax after all other credits, or puted and attach an explanation of how you computed the • The tax you actually paid to the other state, or tax on your return. Name your attachment “FID Reduced • The amount figured using the formula below. Tax Rate Schedule.” Divide your modified adjusted gross income (MAGI) taxed If you qualify for more than one of these reduced tax rates, by both states by your total MAGI. Multiply the result by add the total tax from each source and report it all on this your Oregon tax after subtracting all other credits. line. Your MAGI taxed by both states Your Oregon tax Note: If you enter an amount on line 9, you should also have x after subtracting an amount entered on schedule 1, line 3. Your total MAGI all other credits 150-101-041-1 (Rev. 10-06-22) 5 2022 Form OR-41 Instructions |
Full-year residents. Your modified adjusted gross income Line 17. Payments prior to filing your return. Fill in any is your total income (amount on federal Form 1041, line payments you made for this tax year prior to filing your 9), modified by Oregon additions and subtractions (Form return. Include any payments made with an extension. OR-41, Schedule 2, line 19). Don’t include the tax due payment you send with your return or paid the same day you file your return if you send Nonresident estates and trusts. Oregon will allow a credit payment separately. for taxes paid to another state if all of the following condi- tions are met: Line 18. Reserved. • The estate or trust is a nonresident of Oregon. Line 19. Total refundable credits. Use Schedule OR-ASC-FID, • The estate or trust is a resident of Arizona, California, Section 5, to report the amount and description of any refund- Indiana, or Virginia. able credits claimed. See Appendix A for a list of available • The estate or trust has income that is taxed by both Ore- credits. The total of all refundable credits from Schedule gon and the resident state. OR-ASC-FID, Section 5, is entered on Form OR-41, line 19. Line 23. Penalty. Include a penalty payment if you: Oregon cultural trust contributions • Mail any tax due after the due date (even if you have an [Code 807] (ORS 315.675). extension to file). Did you make a donation to an Oregon nonprofit cultural • File your return showing tax due after the due date organization during the tax year? If so, you can make a (including any extended due date). matching donation to the Trust for Cultural Development Penalty is 5 percent of the unpaid balance of your tax. If you Account and get an Oregon tax credit. You may get a credit have an extension, the penalty won’t be charged if you: of up to 100 percent of the amount of the matching contri- bution. The maximum credit is $500 per taxpayer. • Pay at least 90 percent of the tax due by the original due date of the return; and Part-year residents and nonresidents must multiply the • Pay the balance of tax and interest when you file within allowable credit by your Oregon percentage. Any credit not the extension period; and used this year is lost. For more information about the Ore- • Pay any interest due either when the return is filed or gon Cultural Trust, contact the Oregon Arts Commission or within 30 days of our billing. go to their website at www.culturaltrust.org. If you file more than three months after the due date, includ- Line 13. Carryforward credits. Use Schedule OR-ASC-FID, ing extensions, add an additional penalty of 20 percent. Section 4, to report the amount and description of any carryforward credits claimed. See Appendix A for a list of Line 24. Interest. If you don’t pay the tax by the original available credits. The total of all carryforward credits from due date, interest will be charged on any unpaid tax. Schedule OR-ASC-FID, Section 4, is entered on Form OR-41, For periods beginning Annual Daily line 13. Don’t include payments or claim of right credit on line 13. January 1, 2023 6% 0.0164% January 1, 2022 4% 0.0110% Line 15. Oregon withholding and tax payments. Fill in any January 1, 2021 4% 0.0110% Oregon withholding supported by Form W-2 or Form 1099. Match the FEIN on Form W-2 or Form 1099 with the FEIN Interest rate may change once a calendar year. reported on Form OR-41. Also, match the recipient’s name on the Form W-2 or Form 1099 to the name of the trust or Interest is figured daily. Here’s how to figure daily interest: estate on Form OR-41. Include any Form W-2 or Form 1099 Tax × Daily interest rate × Number of days showing Oregon withholding reported on line 15. Interest continues to accrue on any unpaid tax during an If you claim credit for Oregon withholding and don’t extension of time to file. attach Form W-2 or 1099, we won’t give you credit for the withholding and will: Example: Your return and tax payment was due on April 18, 2023. You filed your return timely and pay the tax due of • Send you a bill, or $3,200 on May 31, 2023. Your interest is figured starting on • Reduce your refund, or April 19, 2023, through May 31, 2023, as follows: • Deny your full refund. $3,200 x 0.0164% x 43 days = $22.57 Line 16. Payments with Form OR-18-WC or Form OR-19. daily rate (April 19 Fill in any Oregon withholding or payments supported by through May 31) Oregon Form OR-18-WC or Form OR-19. Match the FEIN Include this interest with your tax payment. on Form OR-18-WC or Form OR-19 with the FEIN reported on Form OR-41. Also, match the recipient’s name on the Additional interest on deficiencies and delinquencies. Form OR-18-WC or Form OR-19 to the name of the trust Interest will increase by one-third of 1 percent per month or estate on Form OR-41. Don’t attach Form OR-18-WC or (4 percent annually) on deficiencies or delinquencies if the Form OR-19. following occur: 150-101-041-1 (Rev. 10-06-22) 6 2022 Form OR-41 Instructions |
• You file a return showing taxes owing, or we assess an existing deficiency, and Schedule 2—Fiduciary adjustment • The tax assessed isn’t paid within 60 days after the return This schedule is for figuring net Oregon modifications to is filed or the notice of assessment is issued, and federal taxable income. • You haven’t filed a timely appeal. Line 8. Federal income tax subtraction. To figure the sub- Line 25. Total due. You may pay online at www.oregon. traction, deduct the amount on federal Form 1041, Schedule gov/dor or enclose a check or money order with your G, lines 6 and 7, from the amount on federal Form 1041, line return payable to “Oregon Department of Revenue.” Write 24. For additional federal tax paid for years before 2022, see your daytime phone number, FEIN, and your filing period instructions for Schedule 2, line 11. on your check. Don’t send cash or postdated checks. Don’t use red, purple, or gel ink pens. Don’t include a payment ORS 316.695 limits the amount of federal tax subtraction voucher with your return. allowed on an Oregon Form OR-41 return. The limitation is based on the federal taxable income of the trust. This Note: Any payments received after the original due date amount is shown on Schedule 1, line 2 of the Oregon Form will be applied first to penalty, then to interest, and then to OR-41. The allowable subtraction is between $0 and $7,250. tax. [ORS 305.265(13)]. Use the federal taxable income from Form OR-41, Sched- Line 26. Refund. We can’t apply your fiduciary income tax ule 1, line 2 to calculate the maximum allowable federal refund as a payment to your next tax year. Don’t write in tax subtraction based on the following table to compute the any instructions for refund application on line 26. amount to enter on Form OR-41, Schedule 2, line 8: Income level Maximum Schedule 1—Oregon changes subtraction allowed Federal taxable income is less than $125,000 $7,250 Line 1. Distributable net income. Enter the amount from Federal taxable income is greater than or equal federal Form 1041, Schedule B, line 7. to $125,000 and less than $130,000 $5,800 Line 2. Taxable income of fiduciary. Enter the amount from Federal taxable income is greater than or equal $4,350 to $130,000 and less than $135,000 federal Form 1041, line 23. Federal taxable income is greater than or equal Line 3. Other changes. Changes include differences between to $135,000 and is less than $140,000 $2,900 the federal return and the Oregon return in gains or losses Federal taxable income is greater than or equal $1,450 from the sale of property. Also use this line to report differ- to $140,000 and is less than $145,000 ences in capital gains from the sale of farm use and forest Federal taxable income is greater than or equal $0 to $145,000 use lands acquired from a decedent who died before 1987. Enter the amount in column B. Also enter the amount in Enter the lesser of the amount computed above or the column A if an authorized distribution was made, and the amount shown on federal Form 1041, line 24 less federal gains qualify for inclusion in distributable net income. Form 1041, Schedule G, lines 6 and 7. Electing small business trust. Amounts not included in Line 9. Interest on U.S. obligations. Enter the amount of federal distributable net income of an electing small busi- interest from U.S. government obligations included in fed- ness trust under IRC Section 641(c) must be included in col- eral income and not otherwise deducted. U.S. government umn B, line 3. interest received from another fiduciary should be sub- tracted on Schedule 2, line 11 in that fiduciary’s adjustment. Reduced-rate tax on qualifying income. If you qualify for Don’t subtract that income a second time on this line. The a reduced tax rate for qualifying income from farm NLTCG total of interest or dividends from U.S. obligations included or a PTE, report the amount of income that is being taxed at on federal Form 1041 must be reduced by the deductions a different rate on line 3 as a negative number. If you qual- allocable to such income (see federal Form 1041 instruc- ify for more than one of these, add the total income subject tions). Use the same formula to allocate deductions to U.S. to a different rate and report it all on this line as a negative government interest. number. Be sure to include a schedule showing how you computed the amount of income shown on this line. Line 10. Oregon income tax refund included as income on federal Form 1041. Line 6. Oregon changes distributed. Enter Oregon changes from column A, line 3, that were distributed to the ben- Line 11. Total other subtractions. Enter other subtractions eficiaries. Enter zero if the amount on federal Form 1041, that don’t have a specific line. Use Schedule OR-ASC-FID, Schedule B, line 8 or line 11, is less than the amount on Section 2, to report the amount and description of each item Schedule B, line 7. not reported elsewhere on your return. See Appendix A for a list of other subtractions. The total of all “Other subtrac- The total of this line, plus the amounts from federal Form tions” from Schedule OR-ASC-FID, Section 2, is entered on 1041, Schedule B, lines 12 and 15, can’t exceed the amount Form OR-41, Schedule 2, line 11. Refer to Publication OR-17 on Schedule B, line 8 or 11. for additional information about subtractions. Note: All 150-101-041-1 (Rev. 10-06-22) 7 2022 Form OR-41 Instructions |
other additions and other subtractions must be reported on Did you get a federal tax refund in 2022 because you filed Schedule OR-ASC-FID. Fiduciary returns don’t use itemized an amended federal return for a prior year or were audited? deductions Schedule OR-A. If so, you must add back the part of your refund that was Line 14. Interest on obligations of other states. Enter claimed as part of your federal tax subtraction on your Ore- interest income from bonds of a state or political subdivi- gon return for the prior year. sion other than Oregon. (This type of income from another fiduciary is included in that fiduciary’s adjustment and Income taxes paid to another state shouldn’t be duplicated on this line.) [Code 148] (ORS 316.082). Line 15. Depletion. If natural resource depletion entered on If you claim the credit for income tax paid to another state Form 1041 is in excess of the adjusted basis of the property, on your Oregon return, and you deducted the other state’s enter the excess on this line. income tax on your federal Form 1041, line 11, the amount Line 16. Estate tax paid on “income in respect of a dece- you deducted must be added back to income on your Ore- dent” (IRD). To figure the amount of the federal estate tax gon Form OR-41, Schedule 2, line 17. deduction that must be added to taxable income on the Ore- Line 19. Fiduciary adjustment. Enter as a positive whole gon return, use this formula: number. Check the appropriate box to indicate whether it’s A = IRD included in federal taxable income. an addition or a subtraction. B = IRD not taxable by Oregon. C = Estate tax deducted on Form 1041. B Part-year resident and nonresident × C = $___________ amount of the addition A fiduciaries Enter amount on line 16. Oregon taxes gross income from all sources for the portion Example: of the tax year the trust was an Oregon resident and gross income from Oregon sources only while the trust was a A: $21,000 IRD included in federal taxable income. nonresident. B: $10,000 IRD not taxable by Oregon. C: $1,170 federal estate tax deducted on Form 1041. All federal deductions are allowed for the portion of the year the trust was an Oregon resident. But only deductions ($10,000 ÷ $21,000) x $1,170 = $557—amount of your Ore- directly related to Oregon sources are allowed while the gon addition on line 16. trust was a nonresident. Line 17. Total other additions. Enter other additions that don’t have a specific line. Use Schedule OR-ASC-FID, Sec- Part-year resident. Use Schedule OR-SCH-P to figure tion 1, to report the amount and description of each differ- the Oregon tax. File Schedule OR-SCH-P, with Form ence not already reported elsewhere on your return. See OR-41. A part-year resident trust required to file Form Appendix A for a list of other additions. The total of all OR-41 must include a copy of federal Form 1041 as filed. “Other additions” from Schedule OR-ASC-FID, Section 1, is See “Filing requirements” instructions. To determine entered on Form OR-41, Schedule 2, line 17. Refer to Publica- your total Oregon taxable income for the year, you may tion OR-17 for additional information about additions. Note: choose to complete a second “pro forma, mock” federal All other additions and other subtractions must be reported Form 1041, using only Oregon-source income and deduc- on Schedule OR-ASC-FID. Fiduciary returns don’t use item- tions, or you may develop a schedule of the amounts of ized deductions Schedule OR-A. income, gain, loss, and deductions for Oregon. The full fed- eral exemption amount is allowed. If you choose to com- Deductions allowed under IRC Sections 2053 or 2054 may plete a “pro forma, mock” federal Form 1041, write “Ore- be claimed on either Form OR-706 or Form OR-41, but not both. The personal representative of an estate may make dif- gon-source income” at the top of the form to distinguish ferent elections for federal and Oregon returns. If the deduc- it from the actual federal Form 1041 you filed for federal tions are claimed on Form OR-41, include a statement that tax purposes. the deductions aren’t being claimed on Form OR-706. For Use the figures from the Oregon-source Form 1041 (or federal purposes, those deductions may be taken on either Oregon-source schedule) you prepared, to complete Form federal Form 706 or federal Form 1041 under IRC Section OR-41. Complete lines 1 through 7 and Form OR-41, Sched- 642(g). See OAR 150-118-0020. If you make different elec- ules 1 and 2 as though the Oregon-source amounts were the tions for federal and Oregon, then report the addback as only income and deductions for the tax year. The full fed- an “other addition” on Oregon Schedule OR-ASC-FID. Use eral tax subtraction is allowed on line 8 based on the federal addition code 199. liability from Form 1041 and subject to the limitations as described earlier. Common “other additions” include: Then complete Schedule OR-SCH-P and Form OR-41, using Federal income tax refunds the figures from federal Form 1041, to figure Oregon tax. [Code 109] (ORS 316.680, 316.685, 316.695). Write this amount on Oregon Form OR-41, line 8. 150-101-041-1 (Rev. 10-06-22) 8 2022 Form OR-41 Instructions |
Nonresident estates and trusts. A nonresident estate or trust 2. Schedule OR-SCH-P (if part-year resident trust). required to file Form OR-41 must include a copy of federal 3. Schedule OR-ASC-FID, if applicable. Important: You Form 1041 as filed. See “Filing requirements” instructions. Ore- must include this schedule for correct processing if gon taxes only Oregon-source income received by the estate you claim any other additions, other subtractions, or or trust. Deductions are allowed if they’re directly related to Oregon-source income. The only exception is the federal tax credits. subtraction, which must be apportioned as shown below. 4. “Pro forma, mock” Form 1041 or a schedule of Oregon- To determine your total Oregon taxable income for the source income and deductions, if the return is from a year, you may choose to complete a second federal Form part-year resident trust or nonresident estate or trust. 1041 using only Oregon-source income and deductions (a 5. Form OR-24, if necessary. “pro forma, mock” return), or you may develop a sched- ule of the amounts of income, gain, loss, and deductions for 6. A copy of federal Form 1041 or 1041-A and all sched- Oregon. The full federal exemption amount is allowed. If ules, including Schedule K-1. you choose to complete a “pro forma, mock” federal Form 7. A copy of federal Form 8855, if it applies. 1041, write “Oregon-source income” at the top of the form to distinguish it from the actual federal Form 1041 you filed 8. Credit for income tax paid to another state. Include for federal tax purposes. the other state’s tax return and proof of income tax payment. Federal tax subtraction for nonresidents. The federal tax subtraction must be apportioned to determine the amount 9. A copy of federal Form 5227, only if you have tax due related to Oregon sources. Use this formula: on your OR-41. A = Form OR-41, Schedule 1, line 7, Authorize your preparer. To authorize your preparer to dis- (Oregon-source items only). cuss your return with us, check the box located between B = Form OR-41, Schedule 1, line 7, (all source items). the signature lines for the fiduciary and the preparer. To C = Federal tax (lesser of actual liability, $7,250, or amount authorize a person other than the preparer, include a signed determined using income limitation). Form 150-800-005, Tax Information Authorization and Power A × C = $___________ amount of the subtraction of Attorney for Representation. B Enter amount on Form OR-41, Schedule 2, line 8. Mailing addresses and payment instructions Oregon-source income If you’re including payment, mail your return without a Oregon is permanently tied to the federal definition of payment voucher, to: gross income as found in the IRC. This tie is retroactive to Oregon Department of Revenue December 31, 2010. PO Box 14555 Examples of Oregon-source income are: wages or other Salem OR 97309-0940 compensation for services performed in Oregon; income or If you’re not including a payment, mail your return to: loss from business activities in Oregon, including rents, S corporations, and partnerships; gain or loss from the sales Oregon Department of Revenue of real or tangible personal property located in Oregon; and PO Box 14110 income from intangible personal property if the property Salem OR 97309-0910 has acquired Oregon business situs. If you’re paying separately from your return, mail a pay- For more information, see ORS 316.127 and Publication ment voucher with your payment, to: OR-40-NP. Oregon Department of Revenue PO Box 14950 Salem OR 97309-0950 How to assemble the return Assemble your Oregon fiduciary return in the following Check or money order order: • Make your check or money order payable to “Oregon 1. Form OR-41, pages 1, 2, 3, and 4. Include Form W-2 or Department of Revenue.” 1099 if they show Oregon withholding. • Write your daytime phone number, FEIN, and your filing • Bankruptcy estates. Do not include your written period on your check. request for a prompt audit with your return. Mail • Use blue or black ballpoint ink. Don’t use red, purple, or it separately to: Oregon Department of Revenue, gel ink pens. Fiduciary/Estate Unit, 955 Center St NE, Salem OR • Don’t include a payment voucher with your return. 97301-2555. • Don’t send cash or postdated checks. 150-101-041-1 (Rev. 10-06-22) 9 2022 Form OR-41 Instructions |
Do you have questions or need help? Trust and estate help Email: estate.help.dor@dor.oregon.gov This email address isn’t secure and confidentiality can’t be ensured. General tax and policy questions only. Forms www.oregon.gov/dor/forms General information www.oregon.gov/dor 503-378-4988 or 800-356-4222 questions.dor@ dor.oregon.gov Contact us for ADA accommodations or assistance in other languages. Correspondence Include your FEIN and a daytime phone number for faster service. Write to: Oregon Department of Revenue Fiduciary/Estate Unit 955 Center St NE Salem OR 97301-2555 150-101-041-1 (Rev. 10-06-22) 10 2022 Form OR-41 Instructions |
Appendix A Fiduciary Form OR-41 2022 Schedule OR-ASC-FID codes Note: Refer to Publication OR-17 and Oregon law for additional information about additions, subtractions, and credits. All other additions and other subtractions without a specific line on the return must be reported on Schedule OR-ASC-FID. Fiduciary returns don’t use itemized deductions or Schedule OR-A. Additions—Schedule OR-ASC-FID, Section 1 Code Achieving a Better Life Experience (ABLE) account nonqualified withdrawal [ORS 316.680(2)(k)]...164 Accumulation distribution from a trust (ORS 316.737) .............................................................................132 Basis of business assets transferred to Oregon (ORS 316.707) ..................................................................150 Business credit, unused (ORS 316.680) .........................................................................................................122 Charitable donations not allowed for Oregon (ORS 128.760) ...................................................................160 Claim of right income repayments (ORS 315.068) ......................................................................................103 Contributions to child care fund (carryforward only) (ORS 315.213) ......................................................142 Contributions to Oregon production investment fund (auction) (ORS 315.514) ....................................144 Contributions to university venture fund (ORS 315.521) ..........................................................................146 CPAR addition (ORS 314.733) ........................................................................................................................187 Depreciation and amortization difference for Oregon (ORS 316.707, 316.739) .......................................152 Disposition of inherited Oregon farmland or forestland (ORS 316.844) .................................................106 Federal income tax refunds (ORS 316.680, 316.685, 316.695) ......................................................................109 Federal subtraction for retirement savings rollover from Individual Development Account (ORS 315.271) ...............................................................................................................................159 Fiduciary adjustment from another Oregon estate or trust (ORS 316.697) .............................................133 Gain or loss on the sale of depreciable property with different basis for Oregon (ORS 316.716) .......154 Income taxes paid to another state (ORS 316.082) ......................................................................................148 Individual Development Account non-qualified withdrawal (ORS 316.848, 315.271) ..........................137 IRC Section 199A federal Qualified Business Income Deduction (QBID) (ORS 316.859) ......................185 IRC Section 139A federal subsidies for prescription drugs (ORS 316.837)..............................................123 Lump-sum payment from a qualified retirement plan [ORS 316.680(2)(H), 316.737] ...........................139 Net operating loss non-Oregon source (ORS 316.028) ............................................................................... 116 Opportunity Grant Fund (auction) (ORS 315.643) ......................................................................................165 Oregon 529 College Savings Plan nonqualified withdrawal [ORS 316.680(2)] .......................................117 Oregon deferral of reinvested capital gain (ORS 316.874) ......................................................................... 118 Oregon IDA Initiative Fund donation credit add-back (ORS 315.271).....................................................138 Partnership or S corporation modifications for Oregon (ORS 314.712–314.752) ..................................... 119 Passive activity losses (ORS 314.300) ............................................................................................................155 Passive foreign investment company income (ORS 314.742).....................................................................140 Suspended losses (ORS 316.716) ....................................................................................................................156 Uncategorized addition (must include an explanation statement) ..........................................................199 Subtractions—Schedule OR-ASC-FID, Section 2 Achieving a Better Life Experience (ABLE) account deposit carryforward (ORS 316.699) ..................360 AmeriCorps educational awards (ORS 316.847) .........................................................................................362 Artist’s charitable contribution (ORS 316.838) ............................................................................................301 Basis of business assets transferred to Oregon (ORS 316.707) ..................................................................358 CPAR subtraction (ORS 314.733) ...................................................................................................................384 Depreciation and amortization difference for Oregon (ORS 316.707, 316.739) .......................................354 Domestic International Sales Corporation (DISC) dividend payments (ORS 316.749) .........................352 Federal business credits (ORS 316.716).........................................................................................................340 Federal gain previously taxed by Oregon (ORS 314.290 (repealed 2001), 316.716) .................................306 Federal income tax from a prior year (ORS 316.680, 316.685, 316.695) .....................................................309 Federal pension income [ORS 316.680(1)(e)].................................................................................................307 Fiduciary adjustment from another Oregon estate or trust (ORS 316.697) .............................................310 Film production labor rebate (ORS 316.698, 317.394) ..................................................................................336 Foreign income tax (ORS 316.690) ................................................................................................................. 311 150-101-041-1 (Rev. 10-06-22) 11 2022 Form OR-41 Instructions |
Gain or loss on the sale of depreciable property with a different basis for federal and Oregon purposes (ORS 316.716) ...............................................................................................................355 Income on a composite return (OAR 150-314-0515) ...................................................................................341 Individual Development Account (IDA) contributions (ORS 316.848) .................................................... 314 Interest from Oregon state and local government bonds (ORS 286A.140, 316.267) ...............................317 Land donations to educational institutions carryforward (ORS 316.852) ............................................... 316 Marijuana business expenses [ORS 316.680(1)(i)] .......................................................................................359 Mobile home park capital gain (Note following ORS 317.792) .................................................................338 Net operating loss (ORS 316.028) ..................................................................................................................321 Oregon College and MFS 529 Savings Plan deposit carryforward (ORS 316.699) .................................324 Oregon Investment Advantage (ORS 316.778) ............................................................................................342 Partnership or S corporation modifications for Oregon (ORS 314.712, 314.752) .....................................323 Passive activity losses (ORS 314.300) ............................................................................................................356 Previously-taxed IRA conversions [ORS 316.680(1)(f)] ...............................................................................348 Psilocybin business expenses [ORS 316.680(j)] ...........................................................................................385 Railroad Retirement Board benefits: tier 2, windfall/vested dual, supplemental, and railroad unemployment benefits (ORS 316.054) .....................................................................................330 Suspended losses ............................................................................................................................................357 U.S. government interest in IRA or Keogh distributions (ORS 316.681) .................................................331 Uncategorized subtraction (must include an explanation statement) .....................................................399 Standard credits—Schedule OR-ASC-FID, Section 3 Income taxes paid to another state (ORS 316.082 and 316.131) ..................................................................802 Mutually-taxed gain on the sale of residential property (ORS 316.109) ..................................................806 Oregon Cultural Trust contributions (ORS 315.675) ..................................................................................807 Pass-through income taxes paid to another state (ORS 316.082) ..............................................................815 Political contributions (ORS 316.102) ............................................................................................................809 Reservation enterprise zone (ORS 315.506) .................................................................................................810 Uncategorized standard credit (must include an explanation statement) ..............................................899 Carryforward credits—Schedule OR-ASC-FID, Section 4 Agriculture workforce housing (ORS 315.164) ............................................................................................835 Bovine manure carryforward (ORS 315.176 and 315.179) ..........................................................................869 Business energy carryforward (ORS 315.354, 315.357) ..............................................................................839 Child Care Fund contributions carryforward (ORS 315.213) ...................................................................841 Crop donation (ORS 315.156) .........................................................................................................................843 Electronic commerce zone investment carryforward (ORS 315.507) ......................................................845 Employer-provided dependent care assistance carryforward (ORS 315.204) ........................................846 Employer scholarship (ORS 315.237) ............................................................................................................847 Energy conservation projects carryforward (ORS 315.331) .......................................................................849 Fish screening devices (ORS 315.138) ...........................................................................................................850 Opportunity Grant Fund (auction) (Or Laws 2018, ch 108, sec 2) ............................................................871 Oregon IDA Initiative Fund donation (ORS 315.271) .................................................................................852 Oregon Low-Income Community Jobs Initiative/New Markets (ORS 315.533) ....................................855 Oregon Production Investment Fund (auction) (ORS 315.514) .................................................................856 Renewable energy resource equipment manufacturing facility carryforward (ORS 315.341) ............860 Rural technology workforce development (ORS 315.523) .........................................................................868 Short line railroad rehabilitation (ORS 315.593) .........................................................................................872 Transportation projects carryforward (ORS 315.336) ................................................................................863 University Venture Development Fund contribution (ORS 315.521) .......................................................864 Uncategorized carryforward credit (must include an explanation statement) ......................................999 Carryforward credits available only to S corporation shareholders Agricultural workforce housing carryforward (S corporation) (ORS 315.164) .......................................835 Alternative qualified research activities carryforward (S corporation) (ORS 317.154) .........................837 Lender’s credit affordable housing carryforward (S corporation) (ORS 317.097) ..................................854 Lender’s credit energy conservation carryforward (S corporation) (ORS 317.112) ................................848 Long-term rural enterprise zone facilities carryforward (S corporation) (ORS 317.124, 317.125) .........853 Qualified research activities carryforward (S corporation) (ORS 317.152) ..............................................858 150-101-041-1 (Rev. 10-06-22) 12 2022 Form OR-41 Instructions |
Refundable credits—Schedule OR-ASC-FID, Section 5 ABLE account contributions (ORS 315.650) .................................................................................................897 Claim of right (ORS 315.068) ..........................................................................................................................890 Mobile home park closure (note following ORS 316.116) ..........................................................................891 Oregon 529 College Savings Network account contributions (ORS 315.650) .........................................896 150-101-041-1 (Rev. 10-06-22) 13 2022 Form OR-41 Instructions |