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Income retained by the trust will be taxed to the trust. Practically, with most smaller trusts, there's no real difference in the tax treatment of the two types of trusts, since they use all their annual income for the benefit of the individual with special needs.
In the case of third party special needs trusts, if the trust is considered a grantor trust, all items of income, deduction and credit are generally taxed to the individual(s) who created and funded the trust (typically parents or other relatives of the individual with a disability).
State, local, and real property taxes. Expenses of the estate. Administrative expenses, such as trustee fees. Other miscellaneous itemized deductions subject to a 2% limitation of adjusted gross income.
A qualified disability trust (QDisT) is a special needs trust that qualifies for a federal tax exemption. Most special needs trusts meet the requirements to be treated as qualified disability trusts, and can be reported as such at tax time.
Trust beneficiaries must pay taxes on income and other distributions from a trust. Trust beneficiaries don't have to pay taxes on returned principal from the trust's assets. IRS forms K-1 and 1041 are required for filing tax returns that receive trust disbursements.