1. (1) General Rule. A trustee who has met certain conditions set forth in IRC Section 685, and has elected to file returns as a qualified funeral trust for federal purposes, must file an Oregon Form 41 (Oregon Fiduciary Income Tax Return) as a resident funeral trust.
2. (2) Filing requirements. The trustee may file a single, composite Oregon resident funeral trust return for some or all trusts for which the trustee has filing responsibility, including trusts that had a short tax year.
3. (3) Computation of Tax. When filing a composite return, the trustee must compute the tax separately for each trust and enter the total on the form. If an individual trust would require a tax rate above the minimum tax rate, the trustee must attach a schedule showing how the Oregon tax is computed for each trust.
4. (4) Due Date. The Oregon resident funeral trust return is due the 15th day of the fourth month after the close of the tax year.
5. (5) Effective Date. The provisions of this rule apply to tax years beginning on or after January 1, 2004.

Statutory/Other Authority

ORS 305.100

Statutes/Other Implemented

ORS 316.282

History

Renumbered from 150-316.282(4), REV 65-2016, f. 8-15-16, cert. ef. 9-1-16
REV 6-2004, f. 7-30-04, cert. ef. 7-31-04