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Form 1041-QFT Corpus Christi Texas: What You Should Know

Taxation Related to Income from Property, Estate, Trusts, etc. These sections of the Publication 552 are informational for trust and estate administrators only (for details, see Publication 552-T). 3.11.17 Trusts, Estate, and Gift Taxation Certain trusts are subject to certain rules related to income tax. Generally, a tax deduction is allowed for income from real properties which are held for the benefit of the trust or a related entity. There are special rules for certain trusts. See chapter 10 of Publication 1036, Taxable Gifts. Trusts are taxed on a percentage of the income from the trust, but tax and penalty payments are generally made to the IRS. The IRS has a publication called  Trust Fund Basis and Dividends Tax Guide to show tax information for trusts. The rules for distributions from a nonqualified defined benefit plan (other than a defined contribution plan) should be included with the distribution. If you are a beneficiary or donor to a trust, you will need to refer to Publication 542, Trusts and Estates Handbook, to determine the requirements under which income tax is imposed by the trust. 3.11.18 Trustee Income Tax The following trust-related topics have special tax-specific information: Trusts are limited by law from paying any income taxes on income from real estate which they hold. Trusts are allowed to deduct their cost of the real estate on their federal incomes taxes. If you have interests in real estate owned by a trust, you will receive an IRS Form 1099-INT for each interest you have in the real estate. The only taxes that are paid by an individual beneficiary or donor to the trust are amounts imposed upon income of the individual. If you or anyone else is a trustee of a trust, you should have an agreement with the beneficiaries or donors to pay any income taxes due to the trust. If a trust is controlled by a beneficiary or donor who has elected to pay the trust income to the trust rather than to the individual (such as an LLC controlled by the owners of the LLC), then the interest paid to the trust would not be taxable. In such the case, payment by a beneficiary or donor in an amount of any amount under 5,000 to the trust is treated as a tax-free return of capital. See the next two questions.

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