How Are Revocable and Irrevocable Trusts Taxed?

 In Revocable Trusts, Trustee

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For the most part, trusts don’t pay taxes on their income, instead passing the income through to the trust beneficiaries. But when they do pay taxes, the tax rates are often higher than those for individual taxpayers. Here’s how this works.

Revocable Trusts

If you are the trustee of your own revocable trust, you use your own Social Security number for your accounts and report the trust income just like your own. If you are not the trustee, some tax specialists advise that the trust should have its own tax identification number (sometimes referred to as an 04 number), but few trustees take this step, since even if they did, the trust grantor would pay taxes on any income.

Irrevocable Trusts

All irrevocable trusts must obtain their own tax ID number and file their own 1041 tax return to report any income earned. Irrevocable trusts are divided into two types for tax purposes—grantor trusts and non-grantor trusts. Grantor trusts are those in which the creator of the trust—the grantor—retains significant benefits or rights, such as the right to receive all the trust income or change trustees. Grantor trusts file their own informational returns, reporting the trust income, but do not pay any income tax. Instead, they issue a k-1 form to the grantor, akin to a 1099, telling the grantor how much to report on her tax return. (There are arguments that some grantor trusts do not need their own tax ID number or have to file a return, but the standard practice is to do so with all irrevocable trusts.)

Non-grantor trusts, those in which the grantor does not retain significant rights or benefits, still often do not pay income taxes. Like grantor trusts, they must file an annual 1041 tax return, but they only deduct income actually distributed to or used on behalf of any beneficiaries. To the extent they do distribute income, they issue k-1s to the beneficiaries who received the income, who must report it on their income tax returns, whether or not they are the grantor of the trust. The trust then pays taxes on any undistributed income.

By way of example, let’s assume that a trust earns $10,000 in interest and dividends in a year and distributes $1,000 each to five beneficiaries. It will report the full $10,000 of income on its tax return, but deduct the $5,000 it distributed, paying taxes on the remaining $5,000 of income (less certain deductions). It will issue five k-1s, one each to the five beneficiaries, reporting the $1,000 each that they received.

Trust Tax Rates

Trust tax rates follow similar rates to those paid by individuals, but reach those rates at much lower thresholds. Here are the rates and thresholds for 2020:

Taxable Income            Tax Rate

$0 – $2,600                         10%

$2,601 – $9,450                  24%

$9,541 – $12,950                35%

$12,951 and above             37%

As you can see, trusts reach the top rate at just under $13,000 of income. Except for the best heeled trust beneficiaries, their own marginal rates are likely to be much lower, since individuals need more than $500,000 of income and married couples more than $600,000 of income to reach this rate. This means that trusts can usually save taxes by distributing all but minimal income to beneficiaries. Of course, taxes paid is only one consideration in determining whether it’s appropriate to make distributions.

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Showing 2 comments
  • Elvis
    Reply

    If an irrevocable Trust is formed in FL (settlor residing in NY grants money into the FL trust and to the trustee, who is a FL resident), and if the trust is a non-grantor trust (settlor gives up all rights & claims to the money given to the trust, and cannot alter or amend the trust in any way)….. are the trust taxes paid federal and Florida income taxes or federal and NY state income taxes? Thank you for your thoughts and insights.

      • Harry Margolis
        Reply

        Elvis,
        I believe the trust would be taxed in Florida and not in New York since it’s only New York connection would be the residence of the grantor. He or she should be sure to file a gift tax return as further evidence of intent to give up all control.

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