§ 1361(e)(1)(B)(i)

not an electing small business trust

UNDECIDED

0 of 2 settled

  1. 1

    § 1361(e)(1)(B)(i)

    ALL OF
    “any qualified subchapter S trust (as defined in subsection (d)(3))” needs Step 2 a qualified subchapter S trust UNDECIDED
    “an election under subsection (d)(2) applies to any corporation the stock of which is held by such trust”
  2. 2

    § 1361(d)(3)

    a qualified subchapter S trust

    ALL OF

    For purposes of this subsection, the term “qualified subchapter S trust” means a trust—

    “a trust” Opening words
    “the terms of which require that— during the life of the current income beneficiary, there shall be only 1 income beneficiary of the trust, any corpus distributed during the life of the current income beneficiary may be distributed only to such beneficiary, the income interest of the current income beneficiary in the trust shall terminate on the earlier of such beneficiary’s death or the termination of the trust, and upon the termination of the trust during the life of the current income beneficiary, the trust shall distribute all of its assets to such beneficiary, and” § 1361(d)(3)(A)
    “all of the income (within the meaning of section 643(b)) of which is distributed (or required to be distributed) currently to 1 individual who is a citizen or resident of the United States.” § 1361(d)(3)(B)

    A substantially separate and independent share of a trust within the meaning of section 663(c) shall be treated as a separate trust for purposes of this subsection and subsection (c).