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Items of gross income constituting extraordinary dividends or taxable stock dividends which the fiduciary, acting in good faith, determines to be allocable to corpus under the terms of the governing instrument and applicable local law shall not be considered income.
Gains from the sale or exchange of capital assets shall be excluded to the extent that such gains are allocated to corpus and are not (A) paid, credited, or required to be distributed to any beneficiary during the taxable year, or (B) paid, permanently set aside, or to be used for the purposes specified in section 642( ...
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.
2 ? changes that. Unless the assets are included in the taxable estate of the original owner (or "grantor"), the basis doesn't reset. To get the stepup in basis, the assets in the irrevocable trust now must be included in the taxable estate at the time of the grantor's death.
Two or more trusts will be treated as one trust if they have substantially the same grantor(s) and substantially the same primary beneficiary(ies), and if their principal purpose is tax avoidance (IRC § 643(f)). For purposes of the multiple trust rules, a married couple is treated as one person.