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OMB No.

1545-0192
Form 4970 Tax on Accumulation Distribution of Trusts
䊳 Attach to beneficiary’s tax return. 2001
Department of the Treasury Attachment
Internal Revenue Service 䊳 See instructions on back. Sequence No. 73
A Name(s) as shown on return B Social security number

C Name and address of trust D Employer identification number

E Type of trust (see instructions) F Beneficiary’s date of birth G Enter number of trusts from which you received accumulation
Domestic Foreign distributions in this tax year 䊳

Part I Average Income and Determination of Computation Years


1 Amount of current distribution that is considered distributed in earlier tax years (from Schedule J
(Form 1041), line 37, column (a)) 1
2 Distributions of income accumulated before you were born or reached age 21 2
3 Subtract line 2 from line 1 3
4 Taxes imposed on the trust on amounts from line 3 (from Schedule J (Form 1041), line 37, column (b)) 4
5 Total (add lines 3 and 4) 5
6 Tax-exempt interest included on line 5 (from Schedule J (Form 1041), line 37, column (c)) 6
7 Taxable part of line 5 (subtract line 6 from line 5) 7
8 Number of trust’s earlier tax years in which amounts on line 7 are considered distributed 8
9 Average annual amount considered distributed (divide line 3 by line 8) 9
10 Multiply line 9 by .25 10
11 Number of earlier tax years to be taken into account (see instructions) 11
12 Average amount for recomputing tax (divide line 7 by line 11). Enter here and in each column on line 15 12
13 Enter your taxable income before (a) 2000 (b) 1999 (c) 1998 (d) 1997 (e) 1996
this distribution for the 5
immediately preceding tax years
Part II Tax Attributable to the Accumulation Distribution
(a) (b) (c)
14 Enter the amounts from line 13, eliminating the highest and
lowest taxable income years 14

15 Enter amount from line 12 in each column 15

16 Recomputed taxable income (add lines 14 and 15) 16

17 Income tax on amounts on line 16 17

18 Income tax before credits on line 14 income 18

19 Additional tax before credits (subtract line 18 from line 17) 19

20 Tax credit adjustment 20

21 Subtract line 20 from line 19 21

22 Alternative minimum tax adjustments 22

23 Combine lines 21 and 22 23


24 Add columns (a), (b), and (c), line 23 24
25 Divide the line 24 amount by 3 25
26 Multiply the amount on line 25 by the number of years on line 11 26
27 Enter the amount from line 4 27
28 Partial tax attributable to the accumulation distribution (subtract line 27 from 26) (If zero or less,
enter -0-) 28
For Paperwork Reduction Act Notice, see back of form. Cat. No. 13180V Form 4970 (2001)
Form 4970 (2001) Page 2
General Instructions to U.S. sources or is effectively connected carryback or carryforward credit in the current
with a trade or business carried on in the or any preceding year other than the
Section references are to the Internal United States. computation year.
Revenue Code unless otherwise noted. Line 2. Enter any amount from line 1 that To refigure these credits, you must
represents UNI of a domestic trust consider changes to the tax before credits for
Purpose of Form accumulated before you were born or each of the 3 computation years due to
A beneficiary of certain domestic trusts (see reached age 21. However, if the multiple trust previous accumulation distributions.
Who Must File below) uses Form 4970 to rule applies, see the instructions for line 4. If the accumulation distribution is from a
figure the partial tax on accumulation Line 4—Multiple trust rule. If you received domestic trust that paid foreign income taxes,
distributions under section 667. The fiduciary accumulation distributions from two or more the limitation on the foreign tax credit under
notifies the beneficiary of an “accumulation other trusts that were considered to have section 904 is applied separately to the
distribution” by completing Part IV of been made in any of the earlier tax years in accumulation distribution. If the distribution is
Schedule J (Form 1041). which the current accumulation distribution is from a foreign trust, see sections 667(d) and
Thus, if you received a distribution for this considered to have been made, do not 904(f)(4) for special rules.
tax year from a trust that accumulated its include on line 4 the taxes attributable to the Attach the proper form for any credit you
income instead of distributing it each year current accumulation distribution considered refigure. The amount determined for items on
(and the trust paid taxes on that income), you to have been distributed in the same earlier this line is limited to tax law provisions in
must complete Form 4970 to compute any tax year(s). effect for those years involved.
additional tax liability. The trustee must give For this special rule, only count as trusts Line 22. Use and attach a separate Form
you a completed Part IV of Schedule J (Form those trusts for which the sum of this 4626, Form 6251, or the AMT schedule for
1041) so you can complete this form. accumulation distribution and any earlier Form 1041 to recompute the AMT for each
If you received accumulation distributions accumulation distributions from the trust, earlier year and show any change in those
from more than one trust during the current which are considered under section 666(a) to taxes in the bottom margin of the forms or
tax year, prepare a separate Form 4970 for have been distributed in the same earlier tax schedules. Enter the adjustments on this line.
each trust from which you received an year, is $1,000 or more.
Line 28. If estate taxes or generation-
accumulation distribution. You can arrange Foreign trust. If the trust is a foreign trust, skipping transfer taxes apply to the
the distributions in any order you want them see section 665(d)(2). accumulation distribution, reduce the partial
considered to have been made. Line 8. You can determine the number of tax proportionately for those taxes. See
years in which the UNI is deemed to have section 667(b)(6) for the computation.
Who Must File been distributed by counting the “throwback Individuals. Include the amount from this line
Beneficiaries who received an accumulation years” for which there are entries on lines 32 on line 58, Form 1040. Write “ADT” to the left
distribution from certain domestic trusts that through 36 of Part IV of Schedule J (Form of the line 58 entry space.
were created before March 1, 1984, must file 1041). These throwback rules apply even if
Trusts and decedents’ estates. Include the
Form 4970. For details, see section 665(c). you would not have been entitled to receive a
amount on line 7, Schedule G, Form 1041.
Foreign trust beneficiaries. If you received distribution in the earlier tax year if the
Write “From Form 4970” and the amount of
an accumulation distribution from a foreign distribution had actually been made then.
the tax to the left of the line 7 entry space.
trust, you must report the distribution and the There can be more than 5 “throwback
years.” Other filers. Add the result to the total tax
partial tax on a 2001 Form 3520, Annual liability before the refundable credits on your
Return To Report Transactions With Foreign Line 11. From the number of years entered
income tax return for the year of the
Trusts and Receipt of Foreign Gifts. on line 8, subtract any year in which the
accumulation distribution. Attach this form to
Do not file Form 4970 for distributions from distribution from column (a), Part IV of
that return.
any foreign trusts, except to attach it as a Schedule J (Form 1041) is less than the
worksheet to Form 3520 if those instructions amount on line 10 of Form 4970. If the
direct you to. distribution for each throwback year is more Paperwork Reduction Act Notice. We ask
than line 10, then enter the same number on for the information on this form to carry out
Note: If the accumulation distributions are
line 11 as you entered on line 8. the Internal Revenue laws of the United
from a domestic trust that used to be a
foreign trust, see Rev. Rul. 91-6, 1991-1 Line 13. Enter your taxable incomes for years States. You are required to give us the
C.B. 89. 1996–2000, even if less than 5 years of the information. We need it to ensure that you are
trust had accumulated income after you complying with these laws and to allow us to
became 21. Use the taxable income as figure and collect the right amount of tax.
Definitions reported by you or as changed by the IRS. You are not required to provide the
Undistributed net income (UNI). Include in the taxable income amounts information requested on a form that is
Undistributed net income is the distributable considered distributed in that year as a result subject to the Paperwork Reduction Act
net income (DNI) of the trust for any tax year of prior accumulation distributions, whether unless the form displays a valid OMB control
less (1) the amount of income required to be from the same or another trust, and whether number. Books or records relating to a form
distributed currently and any other amounts made in an earlier year or the current year. or its instructions must be retained as long as
properly paid or credited or required to be If your taxable income as adjusted is less their contents may become material in the
distributed to beneficiaries in the tax year and than zero, enter zero. administration of any Internal Revenue law.
(2) the taxes imposed on the trust attributable Line 17. Figure the income tax (not including Generally, tax returns and return information
to such DNI. any alternative minimum tax (AMT)) on the are confidential, as required by section 6103.
Accumulation distribution. An accumulation income on line 16 using the tax rates in effect The time needed to complete and file this
distribution is the excess of amounts properly for your particular earlier tax year shown in form will vary depending on individual
paid, credited, or required to be distributed each of the three columns. Use the Tax Rate circumstances. The estimated average time
(other than income required to be distributed Schedules, etc., as applicable. You can get is:
currently) over the DNI of the trust reduced the Tax Rate Schedules and prior year forms Recordkeeping 1 hr., 12 min.
by income required to be distributed from many IRS offices or by calling Learning about the
currently. 1-800-TAX-FORM (1-800-829-3676). law or the form 16 min.
Generally, except for tax-exempt interest, Line 18. Enter your income tax (not including Preparing the form 1 hr., 27 min.
the distribution loses its character upon any AMT) as originally reported, corrected, or
distribution to the beneficiary. See section Copying, assembling, and
amended, before reduction for any credits for sending the form to the IRS 20 min.
667(d) for special rules for foreign trusts. your particular earlier year shown in each of
the three columns. If you have comments concerning the
Specific Instructions Line 20. Nonrefundable credits that are
accuracy of these time estimates or
Item E—Type of trust. If you received an suggestions for making this form simpler, we
limited to tax liability, such as the general would be happy to hear from you. See the
accumulation distribution from a foreign trust, business credit, may be changed because of
see Foreign trust beneficiaries above. Do instructions for the tax return with which this
an accumulation distribution. If the total form is filed.
not file this form other than as an attachment allowable credits for any of the 3 computation
to Form 3520. years increases, enter the increase on line
Line 1. For a nonresident alien or foreign 20. However, do not treat as an increase the
corporation, include only the part of the part of the credit that was allowable as a
accumulation distribution that is attributable

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