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Not all trusts file tax returns. For example, a revocable living trust does not file a tax return, regardless of the income earned. However, if a trust is irrevocable and not considered to be a ?grantor trust,? then the trust is typically required to file a tax return.
If irrevocable trusts are required to distribute income to beneficiaries every year, then that makes the trust a pass-through entity. Beneficiaries pay taxes on the income they receive from the trust. Capital gains are not considered income to such an irrevocable trust.
Since an irrevocable trust is under the trustee's care, they will be responsible for filing Form 1041 and reporting the income stream.
IRS Form for Irrevocable Trust The legal name of the trust, the Trustee name and address must be given to the IRS. Next, the Trustee should file the Form 1041 ? ?U.S. Income Tax Return for Estates and Trusts? with the IRS ? if the Irrevocable Trust has more than $600 in taxable income generated annually.
Don't use trust assets to pay personal expenses. Don't use trust assets to purchase an automobile (since all the assets in the trust will be exposed to liability if there is a car accident). Don't take principal or capital gains from trust assets. Don't transfer IRA's or 401(k)'s to the trust.