Treatment FAQ

which if any of the following statements relates to the tax treatment of both estates and trusts?

by Lionel Romaguera DDS Published 2 years ago Updated 2 years ago
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Do trusts and estates have different tax brackets than individuals?

Trusts and estates do have the same progressive tax rates as individuals, with the exception of the lowest 10% rate bracket, which exists only for individual taxpayers.

What are the different types of trusts for tax purposes?

Besides situs, trusts can also be distinguished based on purpose or applicable law. For purposes of income tax accounting, the following distinctions are significant: simple versus complex trust, grantor versus nongrantor trust, and domestic versus foreign trust.

Are a decedent’s trust and estate related?

A Decedent’s trust and estate are related in that the trust may distribute property to the estate, or vice versa. The estate and trust fiduciaries may also be the same person or institution such as a bank. Ordinarilty the estate and the trust will be required to file separate For 1041s, even though the entities are closed related.

Are estates and trusts eligible for the personal exemption?

Estates and trusts (other than qualified disability trust) are not granted the benefit of the personal exemption. However, the IRS has allowed for estates and trusts to take certain deductions.

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What is Whitmer Trust?

the Whitmer Trust operates a manufacturing business and distributes the profits to its income beneficiaries. Whitmer also passes through to the income beneficiaries the data needed to compute their credit or deduction for foreign income taxes paid. True. The Whitmer Trust operates a manufacturing business.

How much does Harry Potter's AGI increase?

Harry's AGI can increase by as much as $40,000. True. The AGI increase is limisted by the amount of the trust's distributable net income. Harry, the sole income beneficiary, received a $40,000 distribution from the Lucy Trust, in a year when the trust's distributable net income was $50,000.

Is Winston a grantor trust?

Winston is classified as a grantor trust, because Harry, the donor, can revoke the trust. Consequently, Winston need not file an annual Form 1041, and Harry reports the trust items on his own Form 1040. False. A "blank" Form 1041 still is required of a grantor trust.

Is capital gains a fiduciary income?

Generally, capital gains are allocated to fiduciary income, because they arise from current-year transactions as directed by the trustee. False. Almost always, capital gains/loss is allocated to corpus. Usually, a beneficiary takes a carryover basis when a trust distributes a non-cash asset.

Does a beneficiary take a carryover basis?

Usually, a beneficiary takes a carryover basis when a trust distributes a non-cash asset. True. A decedent's income in respect of a decedent is subject to the Federal income tax, but it is excluded from the estate tax. False.

Is the termination date of an estate discretionary?

False. The termination date of an estate is somewhat discretionary. It occurs when all of the required asset and income distributions are made, when all of the decedent and estate liabilities are paid, and when all other work of the executor is completed. Trusts can select any Federal income tax year-end.

Is the $40,000 in Brianna Turk's estate included?

The $40,000 is included only in Brianna's gross estate. The $40,000 is both included in Brianna's gross estate, and subject to tax on her estate's income tax return. Income beneficiary Turk received $30,000 from the Urgent Trust. Trust accounting income for the year was $100,000.

When an estate or trust distributes appreciated capital assets to a beneficiary, is the gain or loss recognized?

When an estate or trust distributes appreciated capital assets to a beneficiary no gain or loss is generally recognized and the beneficiaries receive a carryover basis in the property. However, capital gain on a distribution of property in kind is recognized by a trust or estate if:

What is the most widely used type of trust in estate planning?

TRUST BASICS. By far the most widely used type of trust in estate planning is the revocable living trust. Normally the grantor (person funding the trust) is generally the trustee of the trust while they are alive, and reserve the right to revoke or amend the trust at any time up util their death.

What is a grantor trust?

Typically, grantor trusts are those in which the grantor retains specified trust powers or interest to revoke amend the trust, or gives those powers/interest to individual who remain under the control of the grantor. These powers and interest enumerated under Code sections 673 through 677.

What happens when a grantor trust becomes irrevocable?

When the trust becomes irrevocable it becomes a non-grantor trust. Non-grantor trusts are all other trusts that are not grantor trusts.

How long does a grantor retained annuity trust last?

Grantor retained annuity trust (GRATs) last for a term of years and provide a periodic payment to the grantor of the trust during the term. At the end , the trust is allocated and distributed among designated beneficiaries, possibly including trusts.

What happens to a trust after a grantor dies?

At the grantor’s death, the trust becomes irrevocable , and, after payment of taxes, expenses, and debts, the corpus is distributed to designated beneficiaries or allocated among new trusts created of the grantor’s death under the trust agreement usually in order to minimize estate taxes (i.e. the typical A /B split).

Why do trusts get a deduction?

Trust and estates receive this deduction because of the distributions form their distributable net income (“DNI”) to their beneficiaries, . Distributions occur either by requirements of the fiduciary, amounts that were plaid, or amounts that were credited to the beneficiaries.

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