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Level 4
posted Oct 30, 2024 9:54:13 AM

Tax Implications for First Party Special Needs (Grantor) Trust

A self-settled, first party special needs trust was recently established for my child with their assets. My spouse and I serve as trustees.

 

For any non-distributed capital gains or income/dividends earned by invested assets in the trust, how are taxes handled? My understanding is this is considered a grantor trust according to the Internal Revenue Code Title 26 §§671-4 (https://www.irs.gov/pub/irs-tege/eotopicf01.pdf; https://www.law.cornell.edu/uscode/text ... /subpart-E).

 

So would any income or gains from the trust be filed on a Form 1040 for my child? How do taxes on capital gains work for grantor trusts?

 

Any expert insight would be greatly appreciated as we plan ahead.

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1 Best answer
Level 15
Oct 30, 2024 9:58:42 AM


 

 

2 Replies
Level 15
Oct 30, 2024 9:58:42 AM


 

 

Level 15
Oct 30, 2024 10:00:13 AM