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You've got it (nt)

Posted by Ward-CA- on May 23, 2003 at 8:44 PM

In Reply to: Re: Use a partnership return. posted by Erick on May 23, 2003 at 2:51 PM

:
: : : I'll be setting our first trusts this year but want to make sure I know how to handle the taxes beforehand. How is the IRS informed about the income or losses that a trust is entitled to. For example, if a property is in a trust that has paper losses for tax purposes, how does this flow through to the beneficiary's 1040?
: : : I believe that the beneficiary just reports it on his own 1040 (and sched E?).
: : : Now, that's just if there is a single beneficiary. To make it a little more interesting, some of our properties that are in trusts have a 3 member LLC as the beneficiary. Does the trustee send give the LLC a 1099 or something like that? Does it matter whether or not the trust has it's own taxpayer ID?

: : : Now, what if there are 3 different beneficiaries (as opposed to an LLC as the beneficiary)? Do all of these scenarios make sense? Are there different treatments for each??

: : : Thanks a lot.

: :
: : =•=•=•=•=•=•=•=•=•=•=

: : Erick,

: : A trust is exactly like a partnership, wherein all profits and losses flow through it like a conduit to the individual taxpayer/partners in proportion to their representative share of the overall owners’ interest.

: : We actually file a limited partnership return for those trusts where we have outside investors involved. If we don’t have any outside investors involved on a particular property then we just report it on our personal income tax return.

:
: Thanks Ward.
: And a partnership uses form 1065 for its return. So the trustee would send form 1065 to the IRS and issue a K-1 to each beneficiary? Right?

: And then, if the LLC itself is the only beneficiary then I guess the income would flow through to the LLC and the LLC would include it amongst it's other income and aggregate it with the K-1s that get sent out to partners.

: Do I have this correct now?
: Thanks



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