Section 645

Oct 27, 2007 1 Replies

IRS says: "A trust filing as an estate under Section 645 election allows a Qualified Revocable Trust to be treated and taxed (for income tax purposes) as part of its related estate during the election period. Once the election is made, it cannot be revoked." I need to get a tax ID. Should I indicate that this is a QRT? Mother's estate is not so large as to be taxable, substantially under a million, maybe $500,000 in a stretch. What is the "election period:?



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If you mother has established a "revocable living trust," upon her death it becomes "_irrevocable_." At that point, the trust requires a tax ID -- to replace the decedent's Social Security number. If you are the executor or legal representative for your mother's estate, see Pub 559. If you're simply winding up her affairs, and filing a "final return," no new number should be required. But if there's a trust which continues, then a Tax ID is required, and the executor would issue K-1s to beneficiaries for their shares and would file a return using Form 1041. Sounds like you would benefit from some advice from a tax advisor, who should be able to answer your questions and set you straight on the appropriate course for your situation. Bill

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