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Level 2
August 12, 2019
Question

Bypass trust Return

  • August 12, 2019
  • 1 reply
  • 0 views

I am a beneficiary of a Bypass trust. I understand that the trust income will distribute to me via schedule K1. My tax return is done by a tax accountant. So I do not no the details how it work. I recently had a tax return question and asked my tax accountant. He was able to answer. So I am seeking help in the forum. Below is my question:

 

Does the distributed income/loss in the Bypass stock account simply combine with the beneficiary’s income for tax purposes? Here I am using some numbers to clarify my question:

Assume that the Bypass trust’s stock account has the following outcomes:

Long-term gain: $10,000

Short-term gain: $10,000

Short-term loss: $20,000

 

and the beneficiary’s own stock account has the following outcomes:

Short-term gain: $10,000

 

My question is, can the short-term loss (20,000) in the Bypass trust to be used to offset both the short-term loss ($10,000) in the Bypass account and in the beneficiary’s own stock account ($10,000)? Or can it only offset the gains (long or short) in the Bypass account? In other words, does the beneficiary pay long- or short-term gain for the $10,000 net gain? Vice versa, can a beneficiary’s own stock account loss offset the Bypass account’s gain?

 

    1 reply

    Level 5
    August 12, 2019

    capital gains and losses are combined at the trust level and losses don't pass through until the trust dissolves so you have $10k in long term capital gain.

    Level 2
    August 13, 2019

    If the losses don’t pass through, then the $20k short term loss in the trust should offset my $10k short term gain and $10k long term gain within the trust. As a result, I will have $10k short term gain in my own stock account, instead of $10k long term gain in the trust to pay tax, correct?  

    Level 5
    August 13, 2019

    You have a $10k short term gain in your account and a $10k long term gain from the k1 you will get from the trust.