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A: An irrevocable trust is a trust, which, by its terms, cannot be modified, amended, or revoked. For tax purposes an irrevocable trust can be treated as a simple, complex, or grantor trust, depending on the powers listed in the trust instrument.
641, Imposition of Tax The taxable income of an estate or trust shall be computed in the same manner as in the case of an individual, except as otherwise provided in this part. The tax shall be computed on such taxable income and shall be paid by the fiduciary.
IRC 671 sets forth the general principle that if the grantor (or another person) is treated as the owner of any part of a trust, then the grantor (or such other person) must include the trusts tax items (income, deduction, and credits) in calculating his or her own personal taxable income and credits against tax.
An individuals gross income is the total amount earned before taxes or other deductions. Usually, an employees paycheck will state the gross pay as well as the take-home pay. If applicable, youll also need to add other sources of income that you have generatedgross, not net.
26 CFR 1.641(a)-0 - Scope of subchapter J. 1.641(a)-0 Scope of subchapter J. (a) In general. Subchapter J (sections 641 and following), chapter 1 of the Code, deals with the taxation of income of estates and trusts and their beneficiaries, and of income in respect of decedents.
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641(c), Special Rules for Taxation of Electing Small Business Trusts. The amount of the tax imposed by this chapter on such separate trust shall be determined with the modifications of paragraph (2).
Section 671 provides that, where subpart E treats the grantor or another person as the owner of any portion of a trust, the taxable income and credits of the grantor or the other person include those items of income, deductions, and credits against tax of the trust that are attributable to that portion of the trust to
Electing Small Business Trust (ESBT) An ESBT is a statutory creature established by IRC Section 641(c). By meeting the requirements of an ESBT, a trust may own S Corporation shares. ESBTs must file Form 1041 and the S Corporation income is taxed at the trusts highest marginal rate.

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