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League City Texas Form 1041-T: What You Should Know

Q: Why is the IRS not charging the Trustee the 30 percent income tax for filing Form 1040. A: Because you can deduct this as an allowable medical deduction, it is exempt from U.S. taxes. It appears under Schedule A, Itemization of Itemized Deductions. See section 179 of the Internal Revenue Code, or Publication 519. Q: Why is the IRS not taxing the Trustee's income above the required 10,000.00 exemption. A: Generally, income from an annuity is taxable because capital gains income comes directly from the sale of investments. The IRS takes very little of this income. Instead, the IRS takes capital gains income at a higher rate than earned income, to the extent that the trust exceeds the exemption limit. A trust that goes over the limit on capital gains income also loses its right to an exemption under section 501(a) of the Internal Revenue Code. Q: How does a trust set aside funds to pay the income tax. A: You can designate one or more qualified trusts as the beneficiary or beneficiaries of the trust with respect to the property that is the subject of the trust, and allocate the income tax to each of the trust's trustees. However, the income allocated to a trust may exceed those assets that are subject to the trust's allocation. Q: Is a trust subject to a capital gains tax rate of up to 20% for assets sold within the three-year period following the trust, or subject to a maximum rate of 15% on the net capital gain for all assets sold in a period ending after the three-year period? A (a) A trust does not need to have been established for three years to pay the net capital gain rate. Q: How does a trust avoid the 15% capital gains tax rate. A (b) If assets sold within the three-year period following the trust, are equal to or less than 10,000.00, the trust avoids this 15% tax on these assets by using the 15% capital gains maximum for the first year of an estate or a trust. See section 482. Q: Is a qualified transferor (trustee) liable for a 15% capital gains tax rate for transactions that occur through the qualified trust. A: No.

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