Benefit Trustors Withholding Tax
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FAQ
Beneficiaries of a trust typically pay taxes on the distributions they receive from a trust's income rather than the trust paying the tax. However, beneficiaries aren't subject to taxes on distributions from the trust's principal, the original sum of money put into the trust.
When a portion of a beneficiary's distribution from a trust or the entirety of it originates from the trust's interest income, they generally will be required to pay income taxes on it, unless the trust has already paid the income tax.
Whether or not the trustee can withhold funds from you depends on the terms of the trust itself. If the trust requires withholding distributions under certain circumstances, such as the beneficiary reaching a specific age, the trustee must follow those stipulations.
If the trust holds the income and does not disburse it to the beneficiary by year-end, then the trust is liable for the taxes. However, if funds are distributed to one or more beneficiaries, the income is taxable to the person who receives it. The taxable amount depends on the interest vs. principal allocation.
Are Assets Owned by an Irrevocable Trust Subject to Estate Tax? Assets transferred by a grantor to an irrevocable trusts are generally not part of the grantor's taxable estate for the purposes of the estate tax. This means that the assets will pass to the beneficiaries without being subject to estate tax.