Level 6
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Business & farm

I am considering on using a DST (Delaware Statutory Trust) to operate a business in the near future, however taxes are somewhat unclear. The IRC doesnt have a classification of a "business trust" but the IRS states that any trust operating as a business must be taxed either as a corporation, partnership, or sole prop (was looking it up to for awhile since the 1041 doesnt show anything about deducting business expenses like a 1120, 1065, or a 1040 Schedule C would). If the DST wish to operate as a business, how would it apply for an EIN since it would be a trust? Would I just select "Corporation" or "Partnership" or use "Other" and put something like "Business Trust taxed as ......."? I dont think selecting the "trust" selection would be wise to do unless its a must then do the election on Form 8832. I dont know, it just a bit confusing on that part. However, if the DST isnt going to operate as a business but instead hold ownership in a company like an LLC, how would taxes work in that regard since, like before, the 1041 doesnt contain fields for business expenses and I dont think the field with business income (with a schedule c attached) would be used in this regard. Would the beneficiary have to pay SE taxes on that income that flows to the trust and pass through to them?