Qualified Subchapter S Trust Form For New York

State:
Multi-State
Control #:
US-0686BG
Format:
Word; 
Rich Text
Instant download

Description

The Qualified Subchapter S Trust form for New York is designed to create a trust that meets specific requirements under the Internal Revenue Code, allowing S Corporation shareholders to defer and manage income tax liabilities. This form facilitates the transfer of property into a trust, ensuring that the income generated from the trust is distributed according to predetermined terms, which can include provisions for beneficiaries' support during their minority or lifetime. The document outlines the powers of the trustee, who is responsible for managing the trust assets, making distributions, and electing status under tax laws. Importantly, the trust remains irrevocable, meaning the grantor cannot alter or terminate it once established, securing the trust assets for the beneficiaries. Filling and editing instructions emphasize accurate completion of beneficiary and property information and adherence to specific tax qualifications. Attorneys, partners, owners, associates, paralegals, and legal assistants will find this form valuable for estate planning and asset management, as it promotes tax efficiency while ensuring long-term support for designated beneficiaries.
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FAQ

To qualify, the QSST income beneficiary must make a proper and timely election, and the trust must distribute all income to a single individual beneficiary who is a U.S. citizen or resident. If the trust also distributes corpus, it must be allocated to the same income beneficiary.

To qualify as a QSST, the trust must require that all of the net income be distributed to a single beneficiary. While principal of the QSST may also be distributed to the beneficiary in the discretion of the Trustee, the QSST cannot provide for multiple beneficiaries.

To qualify as a QSST, the trust must require that all of the net income be distributed to a single beneficiary. While principal of the QSST may also be distributed to the beneficiary in the discretion of the Trustee, the QSST cannot provide for multiple beneficiaries.

A QSST is a trust with a single income beneficiary who makes an election (which can only be revoked with IRS consent) to be treated as the deemed owner (Sec. 1361(d)(3)).

To form an S Corp in New York, your business must first be a domestic corporation, which means it must be incorporated within the state. It can't be an ineligible corporation, such as an investment company, insurance company, or financial institution that uses the reserve method of accounting for bad debts.

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Qualified Subchapter S Trust Form For New York