Special Needs Trust Distributions

Forum|Forum|5 years ago
July 9, 2020
1 reply
0 views

Good afternoon,

If a Special Needs Trusts purchases a residence for the benefit of the trust beneficiary, the funds used to purchase the residence will not be treated as a distribution to the beneficiary (ies), correct? These funds were transferred directly from the trust account to the property escrow account.

Thanks,

Sean D

taxes4sumting

Level 4

You need a lawyer and a tax pro and to read this https://www.specialneedsalliance.org/the-voice/distributions-from-spe[product key removed]s-in-kind-distributions-credit-cards-gift-cards-or-debit-cards/

jtax

Level 10

@taxes4sumting that link gets a 404 error.

I concur that you should ask an estate and trusts attorney.

It believe it would depend upon who owns the resident. If the trust still owns the residence but the beneficiary uses it the purchase would not be income, but the use might be in some way.

If the trust does not own the house but the beneficiary does, then I suspect the distribution will be treated like any other trust distribution. Most income is carried out (dividends, interest) and to the extent of that income, the bene has income. Beyond that it distributions are probably principal and therefore gifts. Gifts are not subject to income tax (but there could be gift or inheritance taxes ... not likely to apply these days).

But again I concur, as your estate/trust attorney for the answer that applies in your situation

**Say "Thanks" by clicking the thumb icon in a post. **Mark the post that answers your question by clicking on "Mark as Best Answer"

taxes4sumting

Level 4

Yeah, I can't get that "product key removed" out of that link. Point is that you've got to be careful with distributions from these things if the bene is getting government benefits like medicaid or SSI because they could be jeopardized.