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The irrevocable trust must receive a tax identification number and needs to file its own tax returns. Unlike a revocable trust, an irrevocable trust is treated as an entity that is legally independent of its grantor for tax purposes.
The trustee of an irrevocable trust must complete and file Form 1041 to report trust income, as long as the trust earned more than $600 during the tax year. Irrevocable trusts are taxed on income in much the same way as individuals.
Planning for those trusts is the focus of this article. In 2022, irrevocable trusts pay tax at the top tax bracket of 37% when undistributed taxable income is $13,450. Individual beneficiaries pay tax at the top tax bracket when taxable income is $539,900 for singles and $647,850 for married individuals filing jointly.
Beneficiaries of a trust typically pay taxes on the distributions they receive from the trust's income, rather than the trust itself paying the tax. However, such beneficiaries are not subject to taxes on distributions from the trust's principal.
An irrevocable trust reports income on Form 1041, the IRS's trust and estate tax return. Even if a trust is a separate taxpayer, it may not have to pay taxes. If it makes distributions to a beneficiary, the trust will take a distribution deduction on its tax return and the beneficiary will receive IRS Schedule K-1.
Schedule K-1 (Form 1041), Beneficiary's Share of Income, Deductions, Credits, etc. Use Schedule K-1 to report a beneficiary's share of the estate's or trust's income, credits, deductions, etc., on your Form 1040, U.S. Individual Income Tax Return.
GrantorIf you are the grantor of an irrevocable grantor trust, then you will need to pay the taxes due on trust income from your own assetsrather than from assets held in the trustand to plan accordingly for this expense.
Taxation of Irrevocable Grantor Trusts During the lifetime of the grantor, any interest, dividends, or realized gains on the assets of the trust are taxable on the grantor's 1040 individual income tax return.
An irrevocable trust is a trust that cannot be modified, amended or revoked by the grantor (person that made the trust). An irrevocable trust is considered to be a separate entity for tax purposes by the Internal Revenue Service (IRS) and therefore a separate tax return must be filed for the trust.