Special Needs Trust Definition For Tax Purposes
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FAQ
Third party special needs trusts are generally either considered ?complex trusts? or ?qualified disability trusts? for income tax purposes and the trust itself is responsible for reporting its own items of income, deduction, and credit.
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).
In these circumstances, the Form 1041 is very simple to complete. The trustee will check the box on Form 1041 indicating that the trust is a grantor trust and provide some general information about the trust (name, address, tax identification number, and the date the trust was established).
It is important to remember that the SNT cannot deduct expenses like rent and food. Deductions can be for medical care, custodial care, support services, and similar care not provided by public benefits programs.