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SS4 and Testamentary Trust

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    SS4 and Testamentary Trust

    I was asked to apply for a FEIN for a Testamentary Trust. My question is line 11...Date Business started. Would this be the date of death?

    Also, Closing month, line 12...would this be Dec?
    Dave, EA

    #2
    Testamentary Trust

    Date Business started. Would this be the date of death?
    Yes, that sounds correct. A testamentary trust arises out of the operation of the decedent's will. The will establishes the trust. This event occurs when the person dies.

    Also, Closing month, line 12...would this be Dec?
    That sounds correct also. According to the instructions for Form 1041:

    Generally, a trust must adopt a calendar year. The following trusts are exempt from this requirement:

    A trust that is exempt from tax under section 501(a);

    A charitable trust described in section 4947(a)(1); and

    A trust that is treated as wholly owned by a grantor under the rules of sections 671 through 679.
    A testamentary trust doesn't fit into any of those exceptions, so it must have a calendar year.

    BMK
    Burton M. Koss
    koss@usakoss.net

    ____________________________________
    The map is not the territory...
    and the instruction book is not the process.

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