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Q sub trust Form: What You Should Know
Form 8869: Subsidiary Election Dec 1, 2024 -- The current beneficiary of trustee is Trust, A. The trustee is not actively engaged and has no other qualifying interest in the trust, and the beneficiary is the income beneficiary of Trust, B. The beneficiaries of Trust A are: (1) the current beneficiary of Trust, A, who is the spouse of the trustee, (2) the spouse of the current beneficiary of Trust, B. Beneficiaries of trustee were eligible for an SST because trust was a qualified corporation (e.g., an S corporation or a qualified limited partnership) for at least three year, and the S-Corporation must not be disqualified from taxation by any provision of law of the District of Columbia or of any state of the United States. Trust, A, and Trust, B, would have been taxed on all of their income during the year, even if none of trust would be taxed at the 35% rate. However, under regulations issued by the IRS, for taxable years beginning after Dec 22, 2001, the income of Trust, A is taxed at the maximum rate of 35% (unless the trust qualifies for a reduced rate under § 1.971-4(a) or 1.971-4(c)(3) of Regulations) only upon the first 120,000 of such trust's aggregate qualifying income. However, any income earned more than three taxable years would not be taxed at this high rate until after Dec 22, 2001. Furthermore, the income of Trust, A would become income of Trust, B. The income of Trust, B, is taxable at the maximum rate of 35% when first distributed from Trust, B. However, any gain realized from the distribution would not exceed the amount of Trust, B assets. The total amount of S-Corporation assets is not limited by § 871. S-Corporation assets are not taxable until distributed under § 873. Section 871 and Section 873 limit the trust's taxable income to the amount of Trust funds transferred. These limitations are to ensure that the amount of taxable income is not substantially increased or decreased by the receipt or expenditure of Trust funds.
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