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Taxation of Income - General Overview

  • Character - A general rule about the character of income within an estate or a trust is that the entity does not change the character of the income within it when the income leaves the entity.
    • Tax-free income remains tax-free.
    • Ordinary income remains ordinary income.
    • Capital gains remain capital gains.
    • Qualified dividends remain qualified dividends.
  • Taxation General Rule – If taxable at all, it is only taxable once.
    • To the Trustor (if the Trust is a Grantor Trust); or
    • To the Trust (or Estate) itself; or
    • To the Beneficiary 

 

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