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Can/must a non-grantor trust be considered as having trader status for tax purposes if its trustee manages it that way?

If a trustee to a non-grantor trust is trading in such a way that would ordinarily constitute trader status were they operating as an individual, can/must the non-grantor trust be considered to have trader status for its own tax purposes?

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Accepted Solutions
M-MTax
Level 12

Can/must a non-grantor trust be considered as having trader status for tax purposes if its trustee manages it that way?

The simple answer is "Yes, the qualifications would be the same for trader status".

 

However, since trusts are most typically investment vehicles, qualifying may draw stricter scrutiny.

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3 Replies
M-MTax
Level 12

Can/must a non-grantor trust be considered as having trader status for tax purposes if its trustee manages it that way?

The simple answer is "Yes, the qualifications would be the same for trader status".

 

However, since trusts are most typically investment vehicles, qualifying may draw stricter scrutiny.

Can/must a non-grantor trust be considered as having trader status for tax purposes if its trustee manages it that way?

Is it qualifying in and of itself that might draw such scrutiny, or would it be in some way acting upon it, if that is even optional (I don't know)

M-MTax
Level 12

Can/must a non-grantor trust be considered as having trader status for tax purposes if its trustee manages it that way?

No. It is you who state that the qualifications have been met (by the manner in which you report), which the IRS may then challenge (or not).

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