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Santa Ana California Form 1041-T: What You Should Know

E) All distributions of the trust's income and assets from nonqualified investment contracts to the trust's trustee or a general partner of the trust are taxable as income of the trust to the trustee. (f) The trust has not been treated under this section as holding more than 50 percent or as being treated as an S corporation in order to be treated as a corporation and to be subject to this section. (g) The trust is a controlled foreign corporation or is in the case of its final tax year the decedent's estate and has not been determined by the IRS or the Tax Court to have ceased to be controlled and has not been determined by the court to have been a C corporation. (h)(1) Upon the filing of Form 1099–R for the trust that makes the election, the trustee shall issue an election for the next taxable year commencing with the following calendar year, unless the trustee disposes of at least 50 percent of the trust property in the next taxable year, and no sooner than 90 days after such disposition, the trustee issues an election for the succeeding taxable year. See section 1273(b)(3) for exceptions to this election requirement. (2) There are special rules for trusts. See section 642(f) (and the regulations thereunder) for the requirements and methods of establishing trust election requirements. (i) Generally, the election made by the trust to exclude the amount of the taxable income of the trust from its taxable income of the trust for the subsequent year or as the result of a distribution from a fund described in subparagraph (1)(i)(E), (E) or (G) of section 642(f)(3) (or as a result of a disposition from the trust of at least 50 percent of the trust property) applies only to the trust's taxable income in the following taxable year.

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