For a Complex trust where there are no required distributions, but a distribution was made, can all of that distribution be classified as corpus/principal and leave the trust to pay taxes on any income? I ask because there is a carryover loss from last year and I'd like to use that up rather than having the beneficiary pay unnecessarily.
04975
4 Replies
DavidD66
Expert Alumni
Mar 16, 2025 7:58:01 PM
No. For a complex trust, distributions of principal cannot be made unless all income for the year has been distributed. Ordinary income is distributed first, ahead of dividends, and dividends have to be distributed before capital gains.
DimitriConstantine
Returning Member
Mar 16, 2025 10:53:22 PM
If that's so, then when would capital loss carryovers ever get used by the trust?
Oscar365
Level 1
Apr 1, 2025 1:59:03 PM
An answer would have been nice. I am putting in here so I hear if there is one. Sorry.
RobertB4444
Employee Tax Expert
Apr 4, 2025 9:42:06 AM
Capital loss carryovers are netted against capital gains before they are distributed to beneficiaries. Or they are carried forward until the trust is dissolved.