§ 18505-1. Fiduciary Returns.
18 CA ADC § 18505-1Barclays Official California Code of Regulations
18 CCR § 18505-1
§ 18505-1. Fiduciary Returns.
(1) For the individual whose income is in his charge if the income of the individual is such that the individual would be required to file a return in accordance with the provisions of Section 18501 of the Revenue and Taxation Code, were it not for the fact that the fiduciary is required to file the return for the individual. The return, in the case of a resident, should be filed on Form 540, and for a nonresident on Form 540NR.
If a return is made by one of joint fiduciaries, it shall contain a statement that the fiduciary has sufficient knowledge of the affairs of the person for whom the return is made to enable him to make the return, and that the return is, to the best of his knowledge and belief, true and correct.
A return shall be filed for the taxable year of an estate which is a period of less than 12 months if the gross income of the estate for such taxable year exceeds the limit set out in Section 18505 of the Revenue and Taxation Code. The requirements as to the filing of a return for a trust remain the same, regardless of whether the taxable year of the trust is a period of less than 12 months.
(b) The executor or administrator of a decedent's estate must make a return for the decedent for the year in which the decedent died, and, in the event the decedent has not filed returns for years prior to the year in which he died, for such prior years, if, (1) in the case of the year of death, the decedent's income from the beginning of that year until the date of his death, or (2) in the case of years prior to the year of death, if the decedent's income for each of such years exceeds the limits set out in Section 18505 of the Revenue and Taxation Code.
(c) In determining whether returns must be filed for an estate or a trust, the entire income from all sources (except income specifically exempt from taxation, see Chapter 3) must be considered if, in the case of an estate, the decedent was a resident of this State, or, in the case of a trust, if either the fiduciary or any of the beneficiaries are residents of this State (as defined by Sections 17742-17745.1). If, in the case of an estate, the decedent was not a resident of this State, or, if, in the case of a trust, neither the fiduciary nor any of the beneficiaries are residents of this State, only income from sources within this State should be considered (see Regulation Section 17951-2 for the meaning of sources within this State).
Credits
Note: Authority cited: Section 19503, Revenue and Taxation Code. Reference: Sections 18505 and 18508, Revenue and Taxation Code.
History
1. Change without regulatory effect renumbering former section 18405-1 to new section 18505-1, including amendment of subsections (a)(1)-(c), repealer of subsection (d) and amendment of Note, filed 4-23-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 17).
2. Change without regulatory effect relocating section 18505-1 from chapter 2.5, subchapter 17 to chapter 2.6, subchapter 2 filed 11-23-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 48).
3. Change without regulatory effect amending subsections (b) and (c) filed 7-5-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 27).
This database is current through 5/17/24 Register 2024, No. 20.
Cal. Admin. Code tit. 18, § 18505-1, 18 CA ADC § 18505-1
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