# Prop. Treas. Reg. § 1.6034-1: Information returns required of trusts described in section 4947(a) or claiming charitable or other deductions under section 642(c).

Proposed regulation, not in force. REG-109082-25, 91 FR 53217, published 2026-08-17 <https://www.federalregister.gov/documents/2026/08/17/2026-16769/proposed-removal-of-a-reporting-requirement-for-trusts-whose-charitable-contribution-deductions-are>. Interprets 26 U.S.C. § 6034.

Par. 2. Section 1.6034-1 is amended by: 1. Revising the section heading. 2. Revising paragraph (a) introductory text. 3. In paragraph (b)(1), adding the language “(or a successor form)” after “Form 1041-A” in the first sentence. 4. Adding the language “(or a successor form)” at the end of paragraph (b)(2). 5. Adding paragraph (b)(3). 6. Revising paragraphs (c) and (d). 7. Adding paragraph (e). The additions and revisions read as follows:

(a) In general. Except as provided in paragraph (b) of this section, every trust described in section 4947(a)(2) of the Internal Revenue Code (Code) (including trusts described in section 664 of the Code) must file a return of information on Form 5227 (or a successor form) for each taxable year, unless all transfers in trust occurred before May 27, 1969, or no deduction was allowed under section 4947(a)(2) for any transfer after that date to a trust created before that date. In addition, except as provided in paragraph (b) of this section, every other trust claiming a charitable or other deduction under section 642(c) for the taxable year must file a return of information on Form 1041-A (or a successor form) for such taxable year. The return must set forth the name and address of the trust and the following information concerning the trust in such detail as is prescribed by the form or in the instructions issued with respect to such form:

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(b) * * *

(3) Trusts claiming section 642(c) deductions resulting from amounts paid by a passthrough entity. A trust is not required to file a Form 1041-A (or a successor form) if the trust's only claimed deductions under section 642(c) of the Code are attributable to contributions taken into account by the trust under section 702(a)(4) of the Code, section 1366(a)(1) of the Code, or both, for amounts of gross income paid for a purpose specified in section 170(c) of the Code.

(c) Time and place for filing return. The return on Form 1041-A or on Form 5227 (or a successor to either form) must be filed on or before the 15th day of the 4th month following the close of the taxable year of the trust, with the Internal Revenue officer designated by the instructions applicable to such form. For extensions of time for filing returns under this section, see § 1.6081-1.

(d) Other provisions. For publicity of information on Form 1041-A or on Form 5227 (or a successor to either form), see section 6104 of the Code and the regulations thereunder in part 301 of this chapter. For provisions relating to penalties for failure to file a return required by this section, see section 6652(d) of the Code. For the criminal penalties for a willful failure to file a return and filing a false or fraudulent return, see sections 7203, 7206, and 7207 of the Code.

(e) Applicability date. This section applies to taxable years ending on or after [date of publication of final regulations in the Federal Register ].