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Can a trust have a fiscal year end Form: What You Should Know

If a trust uses this election, it is considered an entity to which the §1253 election to have a separate tax year for the deceased, must be filed. Trusts using the 1041 Election can elect to use a calendar year-end. The IRS will withhold 2% of the taxable estate as an estate tax on the estate income; this 2% can then be applied to the tax year income. However, if a trust elects to include a qualified revocable §645 Election, it is considered a separate entity for tax purposes and the trust's estate income could be withdrawn for cash without being subjected to a tax of any kind. Why would a trust or estate elect to include an §645 Election? There are many reasons an agent or trustee would opt to include this election. It allows you to separate your estate from the trust so that the income from the trust-corp will be included in your estate. An election can also be used for estate planning purposes. It offers you additional financial protection on any income generated by the trust (even if it does not generate any taxable income), and allows you the flexibility to make a distribution without having to report the income on your tax returns as a dividend or other capital gain. Trusts are tax-exempt organizations, so it may not be worth the risk to have their assets in the trust. If a trust doesn't have a Revocable Election, how would they get paid? For non-trust income, non-corporations are paid out as dividends according to the following rules: 1) A non-corporation, generally a corporation qualified as a partnership, may not make certain distributions; generally, a non-corporation must give a written distribution to a partner in an LLC or corporation if the share owned by the partner exceeds 10% of the partner's investment interest in the partnership; if the corporation qualifies to make a non-dividend distribution, the trust can make a non-dividend distribution to its owners. Note that there are no regulations or definitions about which corporations qualify as partnerships. You might need to contact this agency for further information.

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