45 IAC 3.1-1-114 Withholding returns and payments by trusts and estates

Authority: IC 6-8.1-3-3

Affected: IC 6-3-4-15

Sec. 114. Withholding Returns and Remittances of Trusts and Estates. Trusts and estates required to withhold adjusted gross income tax by IC 6-3-4-15 will file monthly returns on Form WH-1. Remittance will be made with the return, and such remittance will be due on the thirtieth day of the month following the month during which the tax was withheld. If the fiduciary cannot determine what part of the distribution is made up of "income subject to withholding," the Department will permit the tax to be remitted when such determination can be made, i.e., at the end of the calendar or fiscal year when the net profits of a business can be determined.

Trusts and estates must furnish to each nonresident beneficiary a Form WH-18 by the thirtieth day of the month following the close of the taxable year. This statement will indicate the total distributions to the beneficiary for the year and the amount of tax withheld, and will accompany the beneficiary's annual return as proof of payment.

(Department of State Revenue; Reg 6-3-4-15(020); filed Oct 15, 1979, 11:15 am: 2 IR 1553; errata, 2 IR 1743)