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Re: Tax preparation with Revocable Trust

 

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Subject Author Date
Re: Tax preparation with Revocable Trust Herb Smith 11-06-2007
Posted by Herb Smith on November 6, 2007, 6:25 am
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>> When one establishes a Revocable Trust to shield assets from
>> probate, what ramifications, if any, are there for tax
>> preparation? Does a tax return of any kind have to be filed
>> for the trust? Would I still file a 1040?

> The filing requirement for the 1041 are independent of the
> filing requirements for the 1040.
> Each stands on its own.
> Generally, the filing requirement depends on income.
> Remember to also check the state filing requirements for the
> individual and trust tax returns.
> Each state has its own rules.

This answer is incorrect for revocable trusts (Living
Trust). Such a trust is an ignored entity for income tax.

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Posted by Stuart A. Bronstein on November 6, 2007, 3:34 pm
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>>> When one establishes a Revocable Trust to shield assets from
>>> probate, what ramifications, if any, are there for tax
>>> preparation? Does a tax return of any kind have to be filed
>>> for the trust? Would I still file a 1040?

>> The filing requirement for the 1041 are independent of the
>> filing requirements for the 1040.
>> Each stands on its own.
>> Generally, the filing requirement depends on income.
>> Remember to also check the state filing requirements for the
>> individual and trust tax returns.
>> Each state has its own rules.

> This answer is incorrect for revocable trusts (Living
> Trust). Such a trust is an ignored entity for income tax.

I wouldn't call it incorrect. He says the filing
requirement depends on income. In the case of a grantor
trust, the trustor is taxable on all trust income, so the
trust itself as no taxable income. As a result, there is no
need to file a return for the revocable trust.

Stu

<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

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