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Q: What is a grantor trust? A: "Grantor trust" is a term used in the Internal Revenue Code to describe any trust over which the grantor or other owner retains the power to control or direct the trust's income or assets.
The trustee must give the trust's name, TIN, and address to all payors for the taxable year, and the trustee must file Forms 1099 with the IRS and appropriately attribute the income of the trust among the grantors in proportion to their deemed ownership.
§ 1.671-4(b)(2)(iii), the trustee must file Forms 1099 with the IRS showing the income or proceeds received by the trust during the year and showing the trust as the payor and the grantor as the payee. If the trustee fails to file a correct Form 1099, the trustee is subject to penalties under IRC §§ 6721 and 6722.
In general, every trust must file Form 1041, U.S. Income Tax Return for Estates and Trusts (Reg. §1.641(b)-2). Grantor trusts are not recognized as separate taxable entities for federal income tax purposes because the grantor has not relinquished complete dominion and control over the trust.
Normally, a trust must file Form 1041, U.S. Income Tax Return for Estates and Trusts, each calendar year. However, for most grantor trusts, filing Form 1041 is optional. Described below are alternative methods of reporting and the situations when an alternative reporting method is available.