- 4 - 2. Trust Income The terms of the governing instrument and applicable local law determine whether trust income is required to be distributed currently (i.e., whether the beneficiary has a present right to receive income). See sec. 1.651(a)-2, Income Tax Regs. If trust income is currently distributable, and no other distributions are made in a taxable year, the trust is a simple trust. Tax treatment of a simple trust is governed by sections 651 and 652. Section 651(a) allows the trust a deduction for income “required to be distributed currently”. Section 652(a) subjects the beneficiary to taxation on amounts “required to be distributed, whether distributed or not.” A trust not governed by the simple trust provisions is subject to the complex trust provisions. “A trust may be a simple trust for one year and a complex trust for another year.” Sec. 1.651(a)-1(b), Income Tax Regs. Pursuant to sections 661 and 662, only that part of the trust income which is paid or credited to the beneficiary during the year may be deducted by the trust and taxed to the beneficiary. The trustee of a complex trust may have discretion to accumulate or distribute all, or part, of the income to the beneficiary. Thus, the Code assures that income distributions will “appear in the fiduciary’s return, if they are still his; in the beneficiary’s, only in case he has become presently entitled to them, or received them.”Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011