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Setting up a trust: 5 steps for grantor Decide what assets to place in your trust. ... Identify who will be the beneficiary/beneficiaries of your trust. ... Determine the rules of your trust. ... Select your trustee or (trustees). ... Draft your trust document with an attorney.
In simple terms, a Grantor Trust is a trust in which the grantor, the creator of the trust, retains one or more powers over the trust and because of this the trust's income is taxable to the grantor.
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.
For example, a revocable living trust (i.e., a common com- ponent of a basic estate plan) would be treated as a grantor trust for income tax purposes under Section 676 of the Code due to the grantor's ability to revoke the trust during life and re-vest the assets in the grantor's name.
To file one's individual return (Form 1040) a grantor of a grantor trust needs a grantor tax letter, which is prepared and sent by the trustee of the trust. A grantor tax letter reflects all of the taxes earned within the Trust. This information is entered in the Grantor tax letter and given to the Grantor.