Form 4970 (2018)
Page 2
General Instructions
Section references are to the Internal Revenue
Code unless otherwise noted.
Future Developments
For the latest information about developments
related to Form 4970 and its instructions, such
as legislation enacted after they were published,
go to www.irs.gov/Form4970.
Purpose of Form
A beneficiary of certain domestic trusts (see
Who Must File below) uses Form 4970 to figure
the partial tax on accumulation distributions
under section 667. The fiduciary notifies the
beneficiary of an “accumulation distribution” by
completing Part IV of Schedule J (Form 1041).
If you received a distribution for this tax year
from a trust that accumulated its income instead
of distributing it each year (and the trust paid
taxes on that income), you must complete Form
4970 to compute any additional tax liability. The
trustee must give you a completed Part IV of
Schedule J (Form 1041) so you can complete
this form.
If you received accumulation distributions from
more than one trust during the current tax year,
prepare a separate Form 4970 for each trust
from which you received an accumulation
distribution. You can arrange the distributions in
any order you want them considered to have
been made.
Who Must File
Beneficiaries who received an accumulation
distribution from certain domestic trusts that
were created before March 1, 1984, must file
Form 4970. For details, see section 665(c).
Foreign trust beneficiaries. If you received an
accumulation distribution from a foreign trust,
you must report the distribution and the partial
tax on a 2018 Form 3520, Annual Return To
Report Transactions With Foreign Trusts and
Receipt of Certain Foreign Gifts.
Don’t file Form 4970 for distributions from
any foreign trusts, except to attach it as a
worksheet to Form 3520 if those instructions
direct you to.
Note: If the accumulation distributions are from a
domestic trust that used to be a foreign trust, see
Rev. Rul. 91-6, 1991-1 C.B. 89.
Definitions
Undistributed net income (UNI). UNI is the
distributable net income (DNI) of the trust for any
tax year less (1) the amount of income required
to be distributed currently and any other
amounts properly paid or credited or required to
be distributed to beneficiaries in the tax year and
(2) the taxes imposed on the trust attributable to
such DNI.
Accumulation distribution. An accumulation
distribution is the excess of amounts properly
paid, credited, or required to be distributed
(other than income required to be distributed
currently) over the DNI of the trust reduced by
income required to be distributed currently.
Generally, except for tax-exempt interest, the
distribution loses its character upon distribution
to the beneficiary. See section 667(d) for special
rules for foreign trusts.
Specific Instructions
Item E—Type of trust. If you received an
accumulation distribution from a foreign trust,
see Foreign trust beneficiaries, earlier. Don’t file
this form other than as an attachment to Form
3520.
Line 1. For a nonresident alien or foreign
corporation, include only the part of the
accumulation distribution that is attributable
to U.S. sources or is effectively connected with a
trade or business carried on in the United States.
Line 2. Enter any amount from line 1 that
represents UNI of a domestic trust accumulated
before you were born or reached age 21.
However, if the multiple trust rule applies, see the
instructions for line 4.
Line 4. Multiple trust rule. If you received
accumulation distributions from two or more
other trusts that were considered to have been
made in any of the earlier tax years in which the
current accumulation distribution is considered
to have been made, don’t include on line 4 the
taxes attributable to the current accumulation
distribution considered to have been distributed
in the same earlier tax year(s).
For this special rule, only count as trusts those
trusts for which the sum of this accumulation
distribution and any earlier accumulation
distributions from the trust, which are considered
under section 666(a) to have been distributed in
the same earlier tax year(s), is $1,000 or more.
Foreign trust. If the trust is a foreign trust, see
section 665(d)(2).
Line 8. You can determine the number of years
in which the UNI is deemed to have been
distributed by counting the “throwback years”
for which there are entries on lines 32 through 36
of Part IV of Schedule J (Form 1041). These
throwback rules apply even if you wouldn’t have
been entitled to receive a distribution in the
earlier tax year if the distribution had actually
been made then. There can be more than 5
“throwback years.”
Line 11. From the number of years entered on
line 8, subtract any year in which the distribution
from column (a), Part IV of Schedule J (Form
1041) is less than the amount on line 10 of Form
4970. If the distribution for each throwback year
is more than line 10, then enter the same number
on line 11 as you entered on line 8.
Line 13. Enter your taxable incomes for years
2013–2017, even if less than 5 years of the trust
had accumulated income after you became 21.
Use the taxable income as reported by you or as
changed by the IRS. Include in the taxable
income amounts considered distributed in that
year as a result of prior accumulation
distributions, whether from the same or another
trust, and whether made in an earlier year or the
current year.
If your taxable income as adjusted is less than
zero, enter zero.
Line 17. Figure the income tax (excluding any
alternative minimum tax (AMT)) on the income on
line 16 using the tax rates in effect for your
particular earlier tax year shown in each of the
three columns. Use the Tax Rate Schedules, etc.,
as applicable. You can get the Tax Rate
Schedules and prior year forms from many IRS
offices by calling 1-800-TAX-FORM
(1-800-829-3676), or by downloading them at
www.irs.gov.
Line 18. Enter your income tax (excluding any
AMT) as originally reported, corrected, or
amended, before reduction for any credits for
your particular earlier year shown in each of the
three columns.
Line 20. Nonrefundable credits that are limited to
tax liability, such as the general business credit,
may be changed because of an accumulation
distribution. If the total allowable credits for any
of the 3 computation years increase, enter the
increase on line 20. However, don’t treat as an
increase the part of the credit that was allowable
as a carryback or carryforward credit in the
current or any preceding year other than the
computation year.
To refigure these credits, you must consider
changes to the tax before credits for each of the
3 computation years due to previous
accumulation distributions.
If the accumulation distribution is from a
domestic trust that paid foreign income taxes,
the limitation on the foreign tax credit under
section 904 is applied separately to the
accumulation distribution. If the distribution is
from a foreign trust, see sections 667(d) and
904(f)(4) for special rules.
Attach the proper form for any credit you
refigure. The amount determined for items on
this line is limited to tax law provisions in effect
for those years involved.
Line 22. For each year entered in Part II, columns
(a)–(c), use and attach that year’s Form 4626,
Alternative Minimum Tax—Corporations (for
years prior to 2018); Form 6251, Alternative
Minimum Tax—Individuals; or Schedule I (Form
1041), Alternative Minimum Tax—Estates and
Trusts, to recompute the AMT for that year.
Show any change in the AMT below the bottom
margin of the appropriate form or schedule and
enter the change on line 22.
Line 28. If estate taxes or generation-skipping
transfer taxes apply to the accumulation
distribution, reduce the partial tax proportionately
for those taxes. See section 667(b)(6) for the
computation.
Individuals. Include the amount from this line on
Schedule 4 (Form 1040), line 62c. Write “ADT” on
the line 62c entry space.
Trusts and decedents’ estates. Include the
amount on Form 1041, Schedule G, line 7. Write
“From Form 4970” and the amount of the tax to
the left of the line 7 entry space.
Other filers. Add the result to the total tax
liability before the refundable credits on your
income tax return for the year of the
accumulation distribution. Attach this form to
that return.
Paperwork Reduction Act Notice. We ask for
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return information are confidential, as required by
section 6103.
The time needed to complete and file this form
will vary depending on individual circumstances.
The estimated burden for individual taxpayers
filing this form is approved under OMB control
number 1545-0074 and is included in the
estimates shown in the instructions for their
individual income tax return. The estimated
burden for all other taxpayers who file this form is
shown below.
Learning about the
law or the form . . . . . . . . 13 min.
Preparing the form . . . . . . 52 min.
Copying, assembling,
and sending the form to the IRS . . 20 min.
If you have comments concerning the
accuracy of these time estimates or suggestions
for making this form simpler, we would be happy
to hear from you. See the instructions for the tax
return with which this form is filed.
