Thank you for any help here.
The situations detailed below haven't come up yet for us, but they're in the offing. I know how things were done thirty-odd years ago when I was in the business but they may be different today.
- The grantor of a post-11/24/1981 revocable trust that never had an FEIN dies, and next beneficiary in line becomes sole trustee with full power to withdraw income and corpus unilaterally: the new trustee/beneficiary has no power to amend or revoke the trust but could theoretically exhaust the corpus and leave the trust empty. Of course the new beneficiary is treated as owner under IRC Sec. 678.
Does the trust need to get an FEIN and file a pro-forma 1041 as "grantor type," listing all taxable and deductible activity on an attached schedule, to be repeated on the deemed owner's 1040, or can the trust use the new deemed owner's SSN on its investments and file no 1041?
- The beneficiary of a simple trust that has been filing 1041 dies, and the next beneficiary in line, as in case #1, becomes sole trustee with full power to withdraw income and corpus unilaterally; again this new beneficiary, who was not the grantor, is the deemed owner under Sec. 678.
Can this trust keep using the existing FEIN it has had while the previous beneficiary was living and file the same sort of pro-forma 1041 as I described in the second paragraph of question #1, or does it need a new FEIN during the new beneficiary's time? I imagine it must file form 1041 and cannot not use the new beneficiary's SSN. I also expect that it cannot keep filing as a simple trust when it clearly comes under Sec. 678.
Thanks for any assistance.