Par. 5. Section 301.6109-1 is amended by revising paragraph (a)(2) to read as follows:
(a) * * *
(2) A trust all of which is treated as owned by the grantor or another person pursuant to section 671 and following--(i) Obtaining an employer identification number.
If the trustee furnishes the name and taxpayer identification number of the grantor or other person and the address of the trust to all payors pursuant to Sec. 1.671- 4(b)(1)(i)(A) of this chapter, the trustee need not obtain an employer identification number for the trust until the first taxable year of the trust in which the trust is no longer described in Sec. 1.671-4(b) of this chapter. If the trustee furnishes the name, taxpayer identification number, and address of the trust to all payors pursuant to Sec. 1.671-4 (b)(1)(i)(B) or (b)(2)(i) of this chapter, and the trustee has not already obtained a taxpayer identification number for the trust, the trustee must obtain an employer identification number for the trust as provided in paragraph (d)(2) of this section.
(ii) Obligations of persons who make payments of income or proceeds to certain trusts. Any payors of income or proceeds that are required to file an information return with respect to payments of income or proceeds to a trust must show the name and taxpayer identification number that the trustee has furnished to the payor on the return. Regardless of whether the trustee furnishes to the payor the name and taxpayer identification number of the grantor or other person, or the name and taxpayer identification number of the trust, the payor must furnish a statement to recipients to the trustee of the trust, rather than to the grantor or other person. Under these circumstances, the payor is considered to have satisfied any obligation to show the name and taxpayer identification number of the payee on the information return and to furnish to the person whose taxpayer identification number is required to be shown on the form a statement to recipients.
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