Tax Filing Deadline – September 15th

September 15

Fiduciary income tax returns for trusts and calendar year estates were due on April 15th (well, actually April 18th this year…). If you requested an extension of time to file your return, then those returns are coming due.

Federal (and most states) extensions for fiduciary income tax returns are for 5 months. (See this article regarding the final federal regulations on five month extensions.) Therefore, these extended fiduciary income tax returns are due to the IRS (and most states) by Thursday, September 15th.

Note: the extension is based on the original due date of the tax returns (that is, 5 months from April 15th) and not based on the “extra” days caused by Emancipation Day and the weekend last April. [See Reg. §1.6081-6(a)(1), which reads in part “automatic 5-month extension of time to file the return after the date prescribed for filing the return” (emphasis added).]


Federal Fiduciary Five-Month Extension

The IRS has issued Final regulations regarding the length of time a federal fiduciary income tax return may be extended. These regulations make permanent the five-month extension period in place since temporary regulations were issued in 2008. Ordinary calendar year trust, whose tax returns are due 4/15, can now be extended to 9/15. The extension is automatic, but it must be requested on a timely filed Form 7004.

The early deadline means that individuals who need trust K-1s will receive those K-1s well before their extended 10/15 tax deadline. However, some trusts may have difficulty meeting their filing deadline if they are waiting for partnerships (or S-corps) to issue K-1s since their filing deadline is also 9/15.

T.D. 9531, 06/23/2011 ; Reg. §1.6081-2 , Reg. §1.6081-6 , Reg. §54.6081-1

2008 regulations: TD 9407 and REG-1115457-08

See also: Journal of Accountancy article
See also: Rubin on Tax