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Estates and Trusts Not Subject to the Net Investment Income Tax

The following trusts are not subject to the Net Investment Income Tax:

Trusts that are exempt from income taxes imposed by Subtitle A of the Internal Revenue Code (e.g., charitable trusts and qualified retirement plan trusts exempt from tax under section 501, and Charitable Remainder Trusts exempt from tax under section 664).
A trust or decedent’s estate in which all of the unexpired interests are devoted to one or more of the purposes described in section 170(c)(2)(B) [qualified charities].
Trusts that are classified as “grantor trusts” under sections 671-679.
Trusts that are not classified as “trusts” for federal income tax purposes (e.g., Real Estate Investment Trusts and Common Trust Funds).
Electing Alaska Native Settlement Trusts.
Perpetual Care (Cemetery) Trusts.