Trustee For Special Needs Trust
Description
How to fill out Special Needs Irrevocable Trust Agreement For Benefit Of Disabled Child Of Trustor?
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FAQ
It is always advisable to have an independent professional Trustee serve as the sole trustee. An independent trustee can be objective and usually has skills, such as investment, accounting, tax and public benefits expertise, that family members lack.
While all special needs trusts must file annual income tax returns, only larger third-party trusts that earn more than they distribute each year actually pay any taxes. The others pass through their income to the beneficiary with special needs.
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).
Whether or not you need an EIN for a trust depends on the type of trust. Generally, grantor revocable trusts do not need an EIN. Any income taxes from a revocable trust is reported via the grantor's SSN since the grantor can revoke the trust at any time and regain possession of the property.
A Special Needs Trust must have its own Federal Identification Number (also called an Employer Identification Number, EIN, Tax Identification Number, or TIN) to be valid. This unique number means that the Trust is its own entity, and that it does not belong to anyone but itself.