Form 5227 instructions-2025

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Charitable remainder trusts must annually file Form 5227, Split-Interest Trust Information Return.
Form 5471 is used by certain U.S. persons who are officers, directors, or shareholders in certain foreign corporations. The form and schedules are used to satisfy the reporting requirements of sections 6038 and 6046, and the related regulations.
A charitable remainder annuity trust or a charitable remainder unitrust is exempt from California income tax, except for years when it has unrelated business taxable income (UBTI). Even though exempt from California income tax, such a trust must file Form 541-B for the calendar year.
A charitable trust generally needs to file tax returns if it generates taxable income. Trustees must file Form 1041, the U.S. Income Tax Return for Estates and Trusts, even if they do not distribute that income.
Electronic filing. Under final regulations (T.D. 9972) issued in February 2023, filers are required to file Form 5227 electronically if they file 10 or more returns in the aggregate in a calendar year. The regulations are effective for returns required to be filed for tax years ending on or after December 31, 2023.

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Q: Do trusts have a requirement to file federal income tax returns? A: Trusts must file a Form 1041, U.S. Income Tax Return for Estates and Trusts, for each taxable year where the trust has $600 in income or the trust has a non-resident alien as a beneficiary.
All pooled income funds described in section 642(c)(5) and all other trusts such as charitable lead trusts that meet the definition of a split-interest trust under section 4947(a)(2) must file Form 5227 unless the Exception [listed on page 1 of Form 5227 instructions] applies.
Thus, IRC 4947(a)(1) trusts will file either Form 990 or 990-PF. In addition, a nonexempt charitable trust must file Form 1041 under IRC 6012 if it has any taxable income, or gross income of $600 or over (regardless of the amount of taxable income.

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