Home Page link  

Re: Tax preparation with Revocable Trust

 

Taxes General Forum - Tax professionals meeting place and answers to queries. (Moderated)

 Post an article  get this group's latest topics as an RSS feed add this group's latest topics to your My MSN content add this group's latest topics to your My Yahoo content  add this group's latest topics to your Google content  YahooMyWeb Yahoo!  Google Google  Windows Live Favorites Windows Live  del.icio.us del.icio.us  digg digg  Add to Netscape Netscape
Subject Author Date
Re: Tax preparation with Revocable Trust jo 11-07-2007
Posted by jo on November 7, 2007, 2:46 am
Please log in for more thread options

>>>> 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.

I'm confused. Most are saying no need to file a return for
the revocable trust (which is equivalent to a grantor
trust), and in fact, one should not. I still don't
understand what Ben's statement about "the filing
requirement depends on income". Is there a situation where
these trusts do have to file a return? Remember, I only
know enough to be dangerous :}

jo

<< ------------------------------------------------------- >>
<< 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. >>
<< ------------------------------------------------------- >>

Posted by Brian on November 7, 2007, 3:46 pm
Please log in for more thread options
jo wrote:

> I'm confused. Most are saying no need to file a return for
> the revocable trust (which is equivalent to a grantor
> trust), and in fact, one should not. I still don't
> understand what Ben's statement about "the filing
> requirement depends on income". Is there a situation where
> these trusts do have to file a return? Remember, I only
> know enough to be dangerous :}

If the grantor is not the trustee, the trust must obtain an
EIN and file a 1041 as a grantor trust. If the grantor is
the trustee, the income is reported on the grantor's 1040
and no 1041 is filed.

<< ------------------------------------------------------- >>
<< 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. >>
<< ------------------------------------------------------- >>

Posted by Stuart A. Bronstein on November 7, 2007, 3:46 pm
Please log in for more thread options

> I'm confused. Most are saying no need to file a return for
> the revocable trust (which is equivalent to a grantor
> trust), and in fact, one should not. I still don't
> understand what Ben's statement about "the filing
> requirement depends on income". Is there a situation where
> these trusts do have to file a return? Remember, I only
> know enough to be dangerous :}

I think Banjamin was talking about trusts in general, not
specifically revocable trusts. The last time I checked the
IRS actually prefers that no return be filed for a revocable
trust, but that all its income is reported on the grantor's
return. In fact these days they don't require (or even
want) the trust to get a tax ID number until it becomes
irrevocable.

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. >>
<< ------------------------------------------------------- >>

Similar ThreadsPosted
Tax preparation with Revocable Trust November 3, 2007, 6:11 pm
Re: Tax preparation with Revocable Trust November 5, 2007, 12:48 pm
Re: Tax preparation with Revocable Trust November 6, 2007, 6:25 am
Re: Tax preparation with Revocable Trust November 6, 2007, 6:25 am
Re: Tax preparation with Revocable Trust November 7, 2007, 2:46 am
Re: Tax preparation with Revocable Trust November 7, 2007, 3:46 pm
Re: Tax preparation with Revocable Trust November 7, 2007, 3:46 pm
5452 (non-dividend distributions) preparation December 29, 2007, 12:02 am
What kind of accounting is tax return preparation? August 25, 2008, 11:08 am
Special Needs Trust owning and renting a house to the trust beneficiary February 5, 2007, 1:51 am

Contact Us | Privacy Policy
This site is not affiliated with Intuit - makers of Quickbooks and Quicken software
This site is not affiliated with Sage Software - makers of Peachtree accounting software
XML SitemapXML Sitemap