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How Are Trusts Taxed?

Trusts are unique legal entities that hold and manage assets for beneficiaries, and their taxation varies based on the type of trust created. Generally, there are two main categories of trusts: revocable and irrevocable.

1. Revocable Trusts

In a revocable trust, the grantor maintains control over the assets and can alter or dissolve the trust. For tax purposes, income generated by trust assets is reported on the grantor's personal tax return, avoiding separate taxation for the trust.

2. Irrevocable Trusts

Contrast this with irrevocable trusts, where the grantor relinquishes control. Here, the trust itself is usually considered a separate tax entity. The income generated by these trusts is taxed either at the trust level or passed through to the beneficiaries, depending on distributions made during the tax year.

3. Income Tax Considerations

Trust income is taxed at different rates compared to individual tax brackets, often reaching the maximum rates at lower income levels. This makes planning critical to manage tax liabilities effectively. Trusts must also file Form 1041 with the IRS annually.

4. Capital Gains and Estate Tax

Capital gains from asset sales within irrevocable trusts are also taxable. Moreover, estate taxes may apply upon the grantor's death, especially if the trust assets exceed certain thresholds.

Ultimately, consulting a tax advisor or estate planning attorney can help maximize the benefits of trusts while minimizing tax liabilities.

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