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Under Rev. Rul. 77-402, if a grantor trust holds a partnership interest, for federal income tax purposes the grantor rather than the trust is considered the partner.
The grantor is the person who creates a trust, and the beneficiaries are the persons identified in the trust to receive the assets. The assets in the trust are supplied by the grantor. The associated property and funds are transitioned into the ownership of the trust.
§ 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.
Grantor Retained Annuity Trust (GRAT) This option would not allow for access by either spouse and would only benefit your children. It is not a tool for generation-skipping tax avoidance. The creation of a GRAT is a gift by the grantor to the remainder beneficiaries.
Yes! A trust can be a partner in a partnership firm, provided that the trust is registered with the state in which the partnership firm is located and meets all other requirements of law. In order to register with the state, the trust must file an application with the secretary of state and pay a fee.