why is a lawyer asking for my tax id number for probate

by Mr. Mekhi Upton MD 8 min read

If you are represented by a probate lawyer or you have retained an accountant, either of them can obtain the EIN for you. The EIN is required because an estate representative may need to file federal and California income tax returns (Forms 1041 and 541, respectively).

First, it allows the personal representative or administrator to open a separate bank account for the estate, which can then be used to collect the estate's assets and pay any debts or expenses. Second, an estate tax ID is needed to file the estate's tax return.May 30, 2019

Full Answer

How to apply for a tax ID Number (EIN) during probate?

How to apply for a Tax ID Number (EIN) during probate 1) Go to: Apply for an Employer Identification Number (EIN) Online and click on the apply online now button 2) Click on the begin application button 3) Select Estate

Do I need a tax ID number for an estate?

The estate requires a tax ID number, but it can’t use the Social Security number of the late person for this purpose. Fortunately, obtaining an ID number from the IRS is relatively simple.

How do I obtain a tax ID number for a deceased person?

If you apply for the EIN online, you will receive the number immediately after submission via email. Only the personal representative or administrator may apply for a tax ID number. You must have the Social Security number of the decedent when applying, as well as providing your own Social Security number and your full name and address.

How do I enter the date probate was funded?

Verify the pre-filled information (county, state) and enter when the probate was funded (enter date of court appointment). Choose your month end accounting (month that will mark your taxable reporting period).

What is the purpose of an EIN number for an estate?

When a person passes away and an estate is opened to handle the distribution of the person's assets and other legal matters, the first thing those handling the estate should do is obtain an Employer Identification Number (EIN) to identify the estate to the Internal Revenue Service (IRS).

Why does an estate need a separate tax ID number from the IRS?

Just like people, estates are required to report their income, expenses, and distributions to the IRS; the tax ID number is needed in order to do so. Similarly, assets of the estate must be kept separate. In order to open up the necessary accounts, a tax ID number is required.

Why do I need a tax ID number for a trust?

The importance of the tax ID (EIN) number is to allow for the Internal Revenue Service to identify and trust the business and trust. You want to apply for an irrevocable trust tax ID number as soon as possible. You want to make it easy to do tax filings, manage assets, and complete financial transactions.

Does a survivor trust need an EIN?

Once the grantor dies and the trust becomes irrevocable, you will need to complete the application for an EIN as soon as possible so you can properly report all post-death transactions under the trust EIN. You may obtain an EIN by completing Form SS-4 online at irs.gov.

Do you have to report inheritance money to IRS?

Inheritances are not considered income for federal tax purposes, whether you inherit cash, investments or property. However, any subsequent earnings on the inherited assets are taxable, unless it comes from a tax-free source.

Are distributions from an estate taxable to the beneficiary?

Short History of Estate Taxes As we already stated, taxes must be paid on the distributions received from an estate's assets, either by the estate itself or the beneficiary.

Do I need a tax ID number?

You need it to pay federal taxes, hire employees, open a bank account, and apply for business licenses and permits. It's free to apply for an EIN, and you should do it right after you register your business. Your business needs a federal tax ID number if it does any of the following: Pays employees.

Can a trust and estate have the same EIN?

No, a trust and estate are technically two separate entities. An estate includes all assets owned by a person when the individual dies.

Does it cost to get an EIN number for a trust?

Applying for an Employer Identification Number (EIN) is a free service offered by the Internal Revenue Service. Beware of websites on the Internet that charge for this free service.

Who is the responsible party when applying for a trust EIN?

Every EIN application requires that a person who is a principal officer, general partner, grantor, owner or trustor be designated as the primary point of contact and responsible for receiving correspondence from the IRS related to the entity. This person is called the “responsible party” by the IRS.

Do trusts have tax ID numbers?

An EIN functions like a social security number. Generally, revocable trusts do not need an EIN as they are grantor trusts and the trust's income is reported on the tax return of the trust creator.

Do irrevocable trusts have tax ID numbers?

Irrevocable Trusts. When an irrevocable trust is established or a grantor revocable trust becomes irrevocable (typically at the grantor's death), the trust is a separate entity from the trust's creator. Therefore, the IRS requires the irrevocable trust to have its own EIN.

Who is the administrator of an estate?

Administrator: This is the court-appointed person overseeing an estate.

What is an EIN number?

Known as the employer identification number (EIN), it functions similar to a Social Security number. With an EIN, you can open bank accounts, and conduct reportable business transactions. Although the process has been streamlined on the government’s www.irs.gov website, you may want to prepare to answer the following questions.

What to do if you are applying after the death of a loved one?

If you are applying following the death of a loved one, choose “irrevocable.”

When do you pay taxes for a trust?

Trusts do not necessarily follow the same calendar year. For instance, you could select to pay taxes based on the 12 months after your loved one passes. You also have the option of choosing Dec. 31 and following the usual calendar year.

Can you use 12 months after death?

It’s not uncommon to work with the 12 months option following a death in cases where the trust is not expected to run more than two years. In such cases, consider selecting “Yes” and make a 645 election, Otherwise, do nothing and the tax period will end Dec. 31 by default. Accountants have differing opinions about which option is more beneficial. It may be prudent to check with yours before proceeding.

What is the EIN number for an estate?

When a person passes away and an estate is opened to handle the distribution of the person’s assets and other legal matters, the first thing those handling the estate should do is obtain an Employer Identification Number (EIN) to identify the estate to the Internal Revenue Service (IRS). In this blog I use the term “estate representative” to include a representative or executor for an estate. Although the IRS uses the term “employer EIN” the estate is required to obtain one whether or not it is an employer. The same number is used by California taxing authorities. If you are represented by a probate lawyer or you have retained an accountant, either of them can obtain the EIN for you.

How to obtain an EIN for an estate?

This can be easily accomplished online, via telephone, by mail, or by fax. Consult the IRS Instructions for Form SS-4 for details. The EIN is obtained by filing IRS Form SS-4 , which may be obtained on the IRS website at http://www.irs.gov, by calling the IRS at 800-829-3676, or from any office of the Social Security Administration.

Do you have to file income tax if you inherit an estate?

If you promptly distribute all the estate assets to the people who inherit them, the estate may not have income, and you may not need to file an income tax return for it. For example, if the deceased person owned a house in joint tenancy with his spouse, and had payable-on-death designations on his bank accounts, those assets will pass immediately to their new owners at death. They won’t generate income for the estate.

What is the TIN number?

This is often referred to as TIN or employer identification number (EIN.) The TIN is just a nine-digit number, but it can be essential when you need to identify certain tax accounts.

How to set up a TIN?

The first step in setting up a TIN is to get prepared before you even apply. You will want to decide who will actually apply, especially if your estate is divided among heirs . If you choose, you can have a third party apply online on behalf of you as the taxpayer.