Capital Loss in Trust

Feb 25, 2010 2 Replies

My mother has a simple trust (a bypass with my father's assets) and I am struggling with an item for 2009. Using rough numbers, here is the situation. The trust had $7000 in dividends, and it realized $15,000 in capital losses. It also had $3000 in attorney and advisor expenses. I realize that the capital loss cannot be passed outside of the trust to my mother (the trust did not wind up in 2009), so I understand that $3000 of the capital loss will offset other trust income. That leaves me with $4000 in income and $3000 in expenses, for a distributable income of $1000.



It makes sense that I would only be reporting $1000 of income on her K-1, but the allocation isn't clear. I don't believe it is correct to put $4000 of dividend income and $3000 in capital loss on her K-1. Of her $7000 in dividends, some are qualified, some are not. Should I simply allocate the $1000 in K-1 income along the ratio of the qualified vs. non-qualified dividends?



Thanks.


It's better than that! You can elect to apply the expenses first to the non-qualified dividends and then to qualified dividends; that way you maximize the qualified dividends that pass through to the beneficiary.

Thanks Tom, that's a great answer.

Actually, I am struggling to find clear instructions on how to deduct this capital loss. Most of what I read seems to suggest that capital losses can only offset capital gains within a trust (except for in the final year). However, the Schedule D for 1041 seems to permit the deduction with a limit of $3000 for capital losses in section IV. And this capital loss is reported on line 4 of the 1041 form.

For my education, where do I find support for deducting the $3000 loss against ordinary income (or qualified dividends)?

Thanks.

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