Mississippi Qualifying Subchapter-S Revocable Trust Agreement
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How to fill out Qualifying Subchapter-S Revocable Trust Agreement?
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FAQ
To obtain relief, the trustee of an ESBT or the current income beneficiary of a QSST must sign and file the appropriate election form, which must include the following statements: A statement from the trustee of the ESBT or the current income beneficiary of the QSST that includes the information required by Regs.
If the S corporation transfers its stock to the QSST on or before the date the corporation makes its S election, the QSST election may be made on Part III of Form 2553, Election by a Small Business Corporation.
The QSST may be useful for estate planning purposes. It may also be useful for holding S stock for the benefit of a minor or incompetent. Individuals, estates, and certain trusts are subject to a net investment income tax, which is an additional tax of 3.8%.
The main benefit of a QSST is that it is treated as a grantor trust and therefore considered an eligible S corporation shareholder.
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.
1.1361-1(m)(2)(iii) and (j)(6)(iii) for the ESBT election to be made within the two-months-and-15-day period beginning on the day the trust received the S corporation stock. The election is made by completing and filing the statement described in Reg. Sec. 1.1361-1(m)(2).
Designing a QSSTThe trust must have only one income beneficiary during the life of the current income beneficiary, and that beneficiary must be a U.S. citizen or resident;All of the income of the trust must be (or must be required to be) distributed currently to the one income beneficiary;More items...?
A Qualified Subchapter S Trust, commonly referred to as a QSST Election, or a Q-Sub election, is a Qualified Subchapter S Subsidiary Election made on behalf of a trust that retains ownership as the shareholder of an S corporation, a corporation in the United States which votes to be taxed.
If you want to make the S corporation election, you need to file IRS Form 2553, Election by a Small Business Corporation. If you file Form 2553, you do not need to file Form 8832, Entity Classification Election, as you would for a C corporation. You can file your Form 2553 with the IRS online, by fax, or by mail.
The benefit of a QSST from a tax perspective is that the income beneficiary is treated as the deemed owner over the portion of the trust that consists of stock in the S corporation. This means that the trust's allocable portion of the S corporation income is reported directly by the beneficiary.