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The
following is an abbreviated summary of certain federal tax matters. Individual
tax results may vary. Consult a tax advisor for specific implications of
your participation in the trust. This summary is not intended to provide individual tax advice
and is subject to the terms of the Master Trust Document and Joinder
Agreement. If the individual trust account will at any time contain the
beneficiary’s own funds, refer to Tax Questions for Trust II
(Self-Settled Trusts).
Is the
beneficiary’s individual trust account subject to federal income tax?
Each individual trust
account is subject to federal income tax on its investment earnings (such
as interest and dividends). If those earnings are used on behalf of the
beneficiary during the calendar year, federal income tax does not apply.
Who prepares the
tax forms and pays federal income tax owed?
The Developmental
Disabilities Endowment Fund will prepare and file an IRS Form 1041 for
each individual trust account. The fund will issue a check from the
individual trust account for any tax owed. A copy of the IRS Form 1041
will be mailed to the primary representative.
Once income tax has been
paid on earnings, tax does not have to be paid again when funds are spent
on behalf of the beneficiary.
What are the tax
implications for the primary donor or person establishing an individual
trust account?
Income Tax:
The donor is not required to pay federal income tax on earnings generated
by the individual trust account.Gift Tax:
Contributions to an individual trust account will be considered a gift for
federal gift tax purposes. The law requires that individuals file a gift
tax return (Form 709) for each year that they put money into the
individual trust account. Even though the law requires that a gift tax
return be filed, there may be no gift taxes owed. For more information,
refer to the IRS rules regarding gift taxes.Tax Deductions: A
contribution to an individual trust account is not deductible as a
charitable contribution because the funds directly benefit a specific
individual.
What are the tax
implications for the beneficiary of an individual trust account?
Income Tax: When the individual trust account’s earnings are disbursed on behalf of
the beneficiary (and not retained in the account), the beneficiary must
claim the amount of those disbursements as taxable income. If the
beneficiary owes income tax, he or she will be required to prepare and
file an income tax return, as well as pay any income tax due. The
Developmental Disabilities Endowment Fund (dba Life Opportunities Trust)
will provide the primary representative with a completed IRS Schedule K-1
(Form 1041) showing the investment earnings to be included in the
beneficiary’s income tax calculation. (If income tax is paid on
the investment earnings while in the individual trust account, tax does
not have to be paid when funds are spent on behalf of the beneficiary.)Gift Tax: The
beneficiary will not owe gift tax on contributions place in an individual
trust account.
Will the
beneficiary owe income taxes on state matching contributions?
A beneficiary should not
have to pay income tax on the matching contributions made by the state.
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