Deductions & credits

Grantor trusts are addressed in Sections 671-678:

 

A grantor trust is any trust in which the grantor retains one or more of the following powers:

  • A reversionary interest of more than 5% of the trust property or income;
  • The power to revoke the trust and/or to return the trust’s corpus/principle to the grantor;
  • The power to distribute income to the grantor or grantor’s spouse;
  • Power over the beneficial interests in the trust;
  • Administrative powers over the trust allowing the grantor to benefit.

A trust is also a grantor trust under either of the following circumstances:

  • A trustee, beneficiary, or other person a power exercisable solely by himself to vest the corpus or the income therefrom in himself;
  • A United States person who directly or indirectly transfers property to a foreign trust.