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Form 8582 IN: What You Should Know

WELFARE PA Department of Revenue A. General Information. When A Personal Representative or Trustee Files A WELFARE Return, the Attorney's Fee is based on a 5.25 per estate. For each item sold or deposited, the tax liability is increased to 5.50 per item sold or deposited. 1. General Information Inheritance Tax In the case of an intestate succession, executor's fees may be claimed as an exemption from levy, and the exemption also applies to amounts paid by a personal representative and paid out of the trust. The fees and tax exemption are as follows: Amount claimed as executor's fees. An executor's income tax liability is reduced by: the trustee's fee received from the personal representative and the portion of the fees paid by the estate on behalf of the personal representative. Amount claimed as executor's fees paid to the Trustee. Any executor's fees paid to a trustee must be reported in the Trustee's Schedule 1. The percentage of the Trustee's fees paid to the executor(s) may be claimed as an exempt amount. Amount paid by the estate on behalf of the personal representative. In case of gifts to charities or religious institutions, any fee received from the charitable organization or religious institution must generally be reported in accordance with applicable tax regulations, including those under Section 1020(b)(1). Amount paid by the estate on behalf of the personal representative. In the case of a death in which the personal representative is the personal representative's representative and the estate is distributed on the personal representative's behalf, the personal representative may make up any executor's fees paid on behalf of the estate in its own check, payable to the personal representative, and paid to the tax preparer. The exemption (see page 1071 of Internal Revenue Bulletin 1988-1) applies to: a. the personal representative; b. an employee of the office of the personal representative engaged in the performance of an office of the office; or c. any employee of a court or law enforcement agency. In the case of a person or government entity exempt under section 469 or 653 of the Internal Revenue Code or under any rules prescribed under such section, the personal representative may file an application to claim any allowable deduction provided by section 4956(c) of the Internal Revenue Code.

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