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Starting date for non-grantor trust

 

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Subject Author Date
Starting date for non-grantor trust NoClue 11-14-2009
Posted by NoClue on November 14, 2009, 10:08 am
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As I understand it, the income of a grantor trust is reported by the
grantor. When the grantor dies, the succesor beneficiary reports the
income of the trust. Does the switch-over occurs on the date of
death? Or the day before?

TIA

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Posted by Stuart A. Bronstein on November 14, 2009, 10:29 am
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> As I understand it, the income of a grantor trust is reported
> by the grantor. When the grantor dies, the succesor
> beneficiary reports the income of the trust.

Actually in the normal situation the trust becomes irrevocable on
the date of death. So the trust reports the income until the
property producing the income is distributed to the beneficiary.

The trust can recognize the income and pay tax on it, though it’s
not normally recommended. Bracket creep for trusts is much steeper
than for individuals, so the trust would likely end up paying more
tax than the individuals.

The taxable income can be made recognizable by the beneficiary
instead of the trust by making a distribution to the beneficiary
during the tax year.

> Does the
> switch-over occurs on the date of death? Or the day before?

The grantor is considered the owner of the property through the
date of death. The trust is considered the owner beginning the day
after.

--
Stu
http://downtoearthlawyer.com

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