Trust & Estates Flashcards
Types of Tax for Estates
1) income tax: due annualy based on income earned during the year while the state is in existence
2) estate tax: one time only transfer tax based on the value of the decendent’s estate (taxed to estate before transferred)
What is distributable net income (DNI)
a limitation on the amount the trust or estate can deduct with respect to distributions to beneficiaries
general calc of DNI
estate (trust) gross income (include cap gains) - estate/trust deductions = adjusted total incomr \+ adjusted tax-exempt interest - capital gains (attribd to corpus) =DNI
The income distribution deduction equals
the lessor of:
1) actual distibution
or
2) DNI (less adjusted tax-exempt interest)
Rules for estimated payments involving estates
not required to make for its first two years
Trust vs estate year ends
Trust- only Year end- 12/31
estates- anytime
Rules of simple trust
- can only make distribs our of current income not principal
- required to distrib all of its income currently
- cannot make charitable contrib deduction
- entiteld to 300 dollar exemption in arriving at taxable income
rules of complex trust
- may accumulate current income
- may distrib principle
- may deduct charitable contribs
- permitted exemption of 100 dollars
Ordinary and necessary admin exps paid by the fiduciary of an estate are deductable…
On the fidicuiary income tax return only if the estate tax deduction is waived for these expenses