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Subject Author Date
Section 645 Perplexed 10-26-2007
Posted by Perplexed on October 26, 2007, 11:51 pm
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IRS says: "A trust filing as an estate under Section 645
election allows a Qualified Revocable Trust to be treated
and taxed (for income tax purposes) as part of its related
estate during the election period. Once the election is
made, it cannot be revoked."

I need to get a tax ID. Should I indicate that this is a
QRT? Mother's estate is not so large as to be taxable,
substantially under a million, maybe $500,000 in a stretch.

What is the "election period:?

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Posted by Bill on October 28, 2007, 5:13 am
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nellplotts@yahoo.com (Perplexed) posted:

> IRS says: "A trust filing as an estate under
> Section 645 election allows a Qualified
> Revocable Trust to be treated and taxed (for
> income tax purposes) as part of its related
> estate during the election period. Once the
> election is made, it cannot be revoked."
> I need to get a tax ID. Should I indicate that
> this is a QRT? Mother's estate is not so large
> as to be taxable, substantially under a million,
> maybe $500,000 in a stretch.
> What is the "election period:?

If you mother has established a "revocable living trust,"
upon her death it becomes "_irrevocable_." At that point,
the trust requires a tax ID -- to replace the decedent's
Social Security number.

If you are the executor or legal representative for your
mother's estate, see Pub 559. If you're simply winding up
her affairs, and filing a "final return," no new number
should be required. But if there's a trust which continues,
then a Tax ID is required, and the executor would issue K-1s
to beneficiaries for their shares and would file a return
using Form 1041.

Sounds like you would benefit from some advice from a tax
advisor, who should be able to answer your questions and set
you straight on the appropriate course for your situation.

Bill

<< ------------------------------------------------------- >>
<< 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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