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Los Angeles California Form 8855: What You Should Know
C)(1)(ii). 62Treas Reg. § 1.645-1.  1.6555(d), Exempt Interest Income (Nonqualified) Income. The LATEST UPDATE: Fiduciary Income Tax Planning Utilizing the § 645 Election. Forms 8855, Election To Treat a Qualified Revocable Trust as Part of an Estate. The election to treat a qualified revocable trust as a part of an estate, whether made before or after the death of an individual in a gift tax estate, affects the tax-treatment of income earned by the trust. The trust's distributive share of the trust's income is then treated as a gift or bequest of the deceased individual for the purpose of applying the gift exclusion (and, as discussed in the previous post, the gift tax exclusion), although there are important time limitations under IRC §§ 2412(b)(1)(B) — 2520 (the time period for carrying out such a gift or bequest is not discussed in detail here, but is discussed in the previous post). In tax law, a “quintessential gift” includes a valid and equitable power of appointment with respect to the property; in practice, this rule does not necessarily apply or work exactly the same as a “power of appointment” rule would for other types of valuable property. (I.e., there are some specific situations where the quintessential gift rules may be more favorable to the trust, e.g., when a qualified revocable trust has a valid power of appointment to receive gifts, then the trust has an absolute authority to reject all gifts received from a subsequent gift tax estate, or when there is no valid power of appointment, then the trust is not subject to any future gifts from the decedent's estate for purposes of determining the “quintessential gift” exclusion.) Here are some of the common rules that should help you in your analysis if you plan to make a § 645 election in your own trust. The Trust must be a “qualified revocable trust.” Any trust that meets this definition is entitled to an applicable § 645 election, whether there are any individuals in the trust. The only exception is for trusts that have been formed before September 23, 2014, and are not a qualified revocable trust.
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