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Form Instructions 1041 Minnesota: What You Should Know

Section 1. An individual may elect  1. to file as an individual and is required to file either a. an individual return, and b. an individual return jointly or severally with another individual. 2. to file a joint return or a separate return jointly with another individual. 3. to file a separate return on behalf of the decedent's estate, for an estate which includes both property and income, or for an estate which includes only property and which has been taxed at the same rate regardless of the estate's income and the estate's tax liability. 4. to file a joint return or a separate return for an estate which includes only income from active business (a) of which the decedent was taxable income for the immediately preceding taxable year, and (b) for which his or her spouse has filed tax return for the prior taxable year and paid either the net operating loss exclusion or the alternative minimum tax deduction.  The estate tax provisions apply to estates for which the decedent owned at any time during the year and was taxed as a single taxpayer, regardless of any marital status of either spouse. (1) Section 895.04,  Subdivision 2, Part of Section 895 — Estates and Trusts, reads as follows: 895.04 Definitions. In this section, unless the context otherwise requires: (a) “Abandoned” or “Abandonment” means the removal of a person's property from his or her residence, which property is not returned to the owner when the person is informed of this fact. (b) “Residential property” means the property required to be described in the declaration which consists of, but is not limited to, all premises, which premises are located on a street or right-of-way and which has not been converted to residential use. (2) Section 875.04,  Subdivision 4, Article I Section 875.

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