Trusts and taxes: What you need to know

Key takeaways

  • Trusts reach the highest federal marginal income tax rate at much lower thresholds than individual taxpayers, and therefore generally pay higher income taxes.
  • The income tax treatment of different types of trusts can vary meaningfully.
  • Structuring trusts so they distribute income to beneficiaries may be an effective way to help reduce income taxes.
 

Trusts can be effective tools to help manage and protect your assets and may reduce or even eliminate costs related to wealth transfer, such as probate fees and gift and estate taxes. But there are trade-offs to consider when establishing and transferring assets to a trust. In addition to selecting a trustee, crafting distribution provisions, and estate tax planning, families should also consider how income taxes will impact the trust’s ability to maximize their wealth-transfer goals.

This article focuses on federal trust income taxation, also known as fiduciary income, and the Uniform Principal and Income Act (UPIA). It is important to keep in mind that several states also tax fiduciary income, which should be a factor to consider when creating certain trusts. In fact, in some situations, state income tax liability can play an important role in determining the type of trust and what state the trust is incorporated in for income tax purposes. In all cases, it is best to consult with your tax professional to determine whether a trust strategy may be suitable for you.

How trusts are taxed

From a tax perspective trust assets are generally classified as either “principal” or “income.” Generally, the assets the trust owns represent its principal (e.g., stocks, bonds, or real estate) and what those assets earn or produce represent its income (e.g., dividends, interest, or rent). There are complex trust accounting rules that govern the treatment of a trust’s income, expenses, taxes, and distributions.

For income tax purposes, a trust is treated either as a grantor or a non-grantor trust.

In the case of a grantor trust, the grantor (i.e., the person who created the trust) is responsible for paying the tax on income generated by trust assets. Two common forms of grantor trusts are revocable living trusts and intentionally defective grantor trusts (IDGTs):

  • A revocable living trust allows the grantor to transfer assets into the trust while still maintaining complete control over and access to the assets. Assets transferred to a revocable living trust are not considered completed gifts and are included in the grantor’s taxable estate at death.
  • An IDGT gives the grantor some control over the assets so that they are responsible for paying the tax on income, but not so much control that the transfer of assets would be deemed incomplete for transfer-tax purposes. Generally, assets transferred to an IDGT are excluded from the grantor’s taxable estate at death.
 

For non-grantor trusts, who is responsible for paying the income tax depends on whether the trust is considered simple or complex:

  • A simple trust is one that meets 3 tests: it requires mandatory distributions of all income during the taxable year, it prohibits distributions of principal, and it prohibits distributions to charity.1
  • A complex trust is one that is not a simple trust; in other words, a trustee has more discretion relating to the distributions of income and principal (although the trust may provide for mandatory distributions of some or all of its income and principal).
 

In the case of a simple non-grantor trust, the beneficiaries are responsible for paying the income taxes on the income generated by trust assets, while the trust will pay the taxes on capital gains. For complex non-grantor trusts, the tax may be paid by the beneficiaries, the trust itself, or a combination, depending on the circumstances in any given year.

While the maximum rates are the same for a trust and an individual, trusts are taxed more aggressively than individuals. Consider that in the 2024 tax year, the top marginal tax rate for a single filer, 37%, begins after $609,350 of ordinary income. A trust is subject to that rate after reaching only $15,200 of income. In addition, trusts, like individuals, may be subject to the net investment income tax (NIIT) for any undistributed investment income. This is a 3.8% tax on either the trust’s undistributed net investment income, or the excess of adjusted gross income over $15,200, whichever is less. In comparison, a single individual is subject to the NIIT on the lesser of net investment income, or excess modified adjusted gross income over $200,000.2

As you can see, the amount of tax paid on the same amount of income can be much greater when the trust is responsible than when an individual taxpayer is.3

Lowering the trust's taxable liability

A distribution to a trust's beneficiary could result in a lower overall tax. That may be the case because the trust will take a deduction for the distribution, and given the higher thresholds for individual filers, depending on the beneficiary’s overall income level, the beneficiary may be in a lower tax bracket. However, there are some limits on how much income, for tax purposes, may be allocated to distributions made to beneficiaries from a trust. This is an important concept since a distribution to a beneficiary can be from income and/or principal depending on the income and capital gains generated by the trust in any given year.

For example, consider the situation where a beneficiary receives $10,000 as a distribution from a trust:

  • If the trust had no income, this distribution would be considered a distribution from principal.
  • If the trust had only $5,000 of dividends, this distribution would be considered a combination of income and principal.
  • If the trust had $5,000 of dividends and a $5,000 capital gain, even though this totals the $10,000 distribution, this distribution would also be considered a combination of income and principal.
 

Important considerations

Although trusts are often the cornerstone of a family’s wealth-transfer strategy, failing to carefully consider a trust’s potential tax liability can impact the strategy’s effectiveness. Because of the complexity of the fiduciary income tax environment, families and their attorneys should carefully consider the trustee they select and their experience serving as a fiduciary.

  • Choice of trustee. Ultimately, the trustee is responsible for maintaining accurate records of income, expenses, gains, and losses to enable the trust to properly report its income and calculate any applicable tax liability. As a result, a trustee must possess the expertise and skill to properly document and record trust transactions and then apply the complicated rules of trust accounting. For trusts with larger principal balances, this can be a time-consuming and complicated exercise, which is one reason why many families chose professional trustees with experience managing complex trusts.
  • Investment management. Taxes are one of several factors that a trustee must balance when considering how to invest trust assets. Because trust tax brackets are compressed, it is important that a trust’s investment strategy is aligned with the trust’s overall goals, risk tolerance, and beneficiary needs. For example, a trust that is required to make regular distributions of income will need an investment strategy that generates sufficient income to meet the trust’s needs without generating excess income (or capital gains) that could increase either the trust’s or the beneficiaries’ income tax liability. The trustee, or the investment manager the trustee hires, will need to consider the impact taxes will have on the trust’s overall investment strategy.
 

Conclusion

The taxation of trusts can vary significantly depending on whether the trust is a grantor or a non-grantor trust and whether and how much income and principal is distributed to a beneficiary. For non-grantor trusts, income distributions may greatly reduce the overall amount of income tax liability owed, depending on the tax situation of the beneficiary. It is critical to work with your attorney and tax advisor to consider the specifics when it comes to drafting and using trusts, including trust taxation, to avoid results that may differ from the original intent of your estate plan.

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1. Source: Internal Revenue Code Section 651(a). 2. Source: IRS.gov Topic Number 559 – Net Investment Income Tax and Rev. Proc. 2023-34. Note also that the floor of $15,200 (year 2024) for trusts is adjusted annually for inflation, but the floor of $200,000 for individuals is not. 3. Trusts may also be subject to the Alternative Minimum Tax, just like individual taxpayers. However, this concept is beyond the scope of this article.

Fidelity does not provide legal or tax advice. The information herein is general and educational in nature and should not be considered legal or tax advice. Tax laws and regulations are complex and subject to change, which can materially impact investment results. Fidelity cannot guarantee that the information herein is accurate, complete, or timely. Fidelity makes no warranties with regard to such information or results obtained by its use, and disclaims any liability arising out of your use of, or any tax position taken in reliance on, such information. Consult an attorney or tax professional regarding your specific situation.

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