Term
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Definition
- trusts and estates can be taxed on the income that accrues during the administration of the fiduciary
- they are taxed on income retained by the fiduciary and not distributed currently to beneficiaries
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Term
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Definition
- legal entity created by transfer of property from a grantor
- purpose: hold and administer property for beneficiaries according to the terms of the trust instrument
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Term
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Definition
one that ends upon the occurrence of a contingency |
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Term
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Definition
person who receives property after a present interest is terminated |
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Term
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Definition
created upon occurence of a contingency in future |
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Term
2 single taxation meassures for fiduciary |
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Definition
- distribution deduction is allowed for fiduciaries
- income taxed to beneficiaries retains its character
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Term
personal exemption for fiduciaries |
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Definition
- $600 for estates
- $300 for simple trusts and for complex trusts that dirstibute all of their income currently
- $100 for all other complex trusts
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Term
3 musts for simple trusts |
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Definition
- must distribute all income currently
- must make no distributions of corpus currently
- must make no charitable contributions
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Term
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Definition
trust controlled by the grantor through retained powers or the possibility the property in the trust will revert to the grantor |
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Term
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Definition
can change year to year (not binding) |
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Term
3 income computation rules for fiduciaries |
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Definition
- get no standard deduction but can deduct interest, taxes, charitable contributions, and trustee's fees
- when income is distributed, beneficiaries are taxed on it
- investment advisory fees of nongrantor trusts and estates generally are subject to the 2% of AGI floor as miscellaneous itemized deductions, unless the fees are not commonly incurred by individuals
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Term
fiduciary accounting rules |
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Definition
- receipts and disbursements of trusts and estates are categorized by the fiduciary instrument or state law as either belonging to income or corpus (principal)
- income and deductions are allocated among beneficiaries according to the trust instrument
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Term
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Definition
principal or property in a state or trust. income earned on the principal is distinguished from the principal |
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Term
2 distribution rules for fiduciaries |
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Definition
- deduct distributions of income to beneficiaries
- pay income taxed (including AMT if applicable) on undistributed taxable income
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Term
4 distributable net income (DNI) rules
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Definition
- amount of accounting "income" thats available to be distributed; typically capital gains belong to corpus and are not apart of DNI
- distribution deduction can't exceed DNI
- property distributions are distributiong of DNI
- beneficiaries are taxed on receipt of distributions to extent of DNI
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Term
calculation of DNI (starting at taxable income) |
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Definition
- add back personal exemptionm net tax-exempt income, and net capital loss
- subtract net capital gains allocable to corpus
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Term
5 procedural rules for trusts |
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Definition
- calendar year
- file on 15 day of 4th month after year-end
- automatic 5 month extension
- must pay estimated income taxes
- must file income tax return (form 1041) if gross income exceeds $600, has taxable income, or nonresdient alien is a beneficiary
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Term
5 proceudral rules for estates |
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Definition
- may choose any year-end
- file on 15 day of 4th month after year-end
- automatic 5 month extension
- must pay estimated income taxes
- must file income tax return (form 1041) if gross income exceeds $600, has taxable income, or nonresdient alien is a beneficiary
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Term
income in respect of a decedent (IRD) |
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Definition
- occurs if decedent was entitled to receive income at the date of death but the income was not received until after death
- taxed as income to the estate and included on the estate tax return
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