California Society of CPAs / Estate Planning / CalCPA Discussion Forum / Form 8855 / Latest Posts

RE: Form 8855

Archived — Sat, 24 Dec 2005 08:10:32 GMT

Mary Kay,

This question was asked at the COT IRS Liaison Meeting in November 2004. Their response was that the actual election form needs to be filed separately and they wanted you to attached a copy of the election form to the first 1041 that is filed.

John R. Woodford

RE: Form 8855

Archived — Wed, 21 Dec 2005 11:05:55 GMT

I haven't seen any discussion on this, but since the form instructions provide the filing addresses for the election, I would be inclined to send the form separately.

I would also attach a copy to the return just to be safe.

RE: Form 8855

Archived — Wed, 21 Dec 2005 11:05:35 GMT

MaryKay:

I agree with Bill. I have filed 8855 separately and then attached a copy to the 1041, and I have filed 8855 only by attaching it to the 1041. I don't think it makes any difference, absent more specific instructions, as long as the IRC 645 Election (using Form 8855) is made by the original or extended due date of the fiduciary income tax return (Form 1041) and such forms are timely filed.

RE: Form 8855

Archived — Wed, 21 Dec 2005 11:05:14 GMT

I filed it separately. You're right, the instructions aren't clear. But they do say when and where to file the form. And they don't say anything about attaching to the return.

I can't remember now if I also attached a copy to the 1041, but it couldn't hurt to do so.

Form 8855

Archived — Fri, 16 Dec 2005 13:43:31 GMT

In order to elect a fiscal year for a trust, you file this form. The instructions say it's due the same day as the 1041 and you file it in Ogden.

Should it be attached to Form 1041? Before the form was available, the election was attached to the return. I've been attaching it but am having doubts.