Current through Register Vol. 54, No. 45, November 9, 2024
Section 117.5 - Estates and trusts(a) The fiduciary of an estate or trust shall make and file the return and pay the tax on the taxable income of such estate or trust. If two or more fiduciaries are acting jointly, the return may be made and filed by any one of them.(b) Liability for the payment of tax on the taxable income of an estate attaches to the person of the executor or administrator up to and after his discharge if, prior to distribution and discharge, he had notice of his tax obligations or failed to exercise due diligence in ascertaining whether or not such obligations existed. Liability for the tax also follows the assets of the estate distribution to heirs, devisees, legatees, and distributees who may be required to discharge the amount of the tax due and unpaid to the extent of the distributive shares received by them. The same considerations apply to trusts.(c) The estate of a minor, incompetent, or other person under a disability, or, in general, of an individual in receivership or bankruptcy shall not be a taxable entity separate from the person for whom the fiduciary is acting, in that respect differing from the estate of a deceased person or of a trust.