Massachusetts Business Trust

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Control #:
US-13192BG
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Description

This form is used to set up a business trust. A Business Trust is a form of business organization which is similar to a corporation, in which investors receive transferable certificates of beneficial interest. The trustees administer it for the advantage of its beneficiaries who hold equitable title to it.
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FAQ

Trusts created under the will of a person who died a resident of any other state or foreign country are subject to the taxing jurisdiction of Massachusetts only to the extent of income derived by the trustee (regardless of his residence) from the carrying on of a profession, trade or business within Massachusetts.

A business trust is considered a corporation for purposes of federal Income Tax and similarly under various state income tax laws.

At the end of the trust's length, the business interests transfer to its beneficiaries. Business trusts are treated as corporations and may conduct business transactions just like individuals.

Trust beneficiaries must pay taxes on income and other distributions that they receive from the trust. Trust beneficiaries don't have to pay taxes on returned principal from the trust's assets. IRS forms K-1 and 1041 are required for filing tax returns that receive trust disbursements.

Business trusts are taxed similarly to corporations for intents and purposes related to federal income taxes and other state income tax regulations. Since a business trust is managed by trustees, they have a financial responsibility to act in the best interest of the beneficiaries.

How to Create a Business Trust in MassachusettsWrite: Your business's trustee will write the declaration of trust to create the trust entity.Record: Your trustee can record this declaration of trust with the registry of deeds where the trust is located.

In Massachusetts, business trusts are subject to personal income tax and taxed as individuals because they enjoy no franchise conferred by the Legislature.

Trust advantages and disadvantageslimited liability is possible if a corporate trustee is appointed.the structure provides more privacy than a company.there can be flexibility in distributions among beneficiaries.trust income is generally taxed as income of an individual.

The define business trust is an entity that has a business purpose, functions as a business and is treated as a legal entity by the tax authorities. Basically, a business trust is a commercial organization that is managed by appointed trustees for the benefit of its beneficiaries.

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Massachusetts Business Trust