Qualified Subchapter S Trust Form With Ein

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

Description

The Qualified Subchapter S Trust Form with EIN is a legal document designed to establish and maintain a trust that qualifies as a Subchapter S trust under the Internal Revenue Code. This form facilitates the transfer of assets from the Grantor to the Trustee while providing specific instructions on the administration, distribution of income, and assets for the benefit of designated beneficiaries. A key feature is the Trustee's discretion to manage and invest trust assets to provide for the health and welfare of the beneficiaries, with clear directives on the distribution process upon the beneficiaries reaching certain ages or in the event of their death. Additionally, the Trustee is empowered to make elections that ensure the trust maintains its Subchapter S status for tax purposes, an essential requirement for effective tax management. Filling out this form involves providing detailed information about the Grantor, Trustee, beneficiaries, and financial provisions, ensuring clarity and compliance with legal standards. The target audience, including attorneys, partners, owners, associates, paralegals, and legal assistants, will find this form invaluable for estate planning, asset protection, and meeting the specific needs of clients looking to optimize their tax obligations through the establishment of qualified trusts. The form supports clear communication of intent and structured management of trust assets, ensuring the correct administration and alignment with applicable laws.
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  • Preview Irrevocable Trust which is a Qualifying Subchapter-S Trust
  • Preview Irrevocable Trust which is a Qualifying Subchapter-S Trust
  • Preview Irrevocable Trust which is a Qualifying Subchapter-S Trust
  • Preview Irrevocable Trust which is a Qualifying Subchapter-S Trust

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FAQ

While there can only be one income beneficiary, a QSST may designate successor beneficiaries. With an ESBT, you can set up one trust that includes all of the income beneficiaries. However, note that any ESBT designated beneficiaries must be an individual, estate or charity eligible to own S corporation stock.

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)).

This schedule notifies the FTB that the QSub's items of income, deduction, and credit will be included in the parent's return and the QSub will not file a separate California franchise or income tax return.

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.

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Qualified Subchapter S Trust Form With Ein