Can a Trust File as an Estate?

Frequently Asked Questions | FAQs

Yes, a trust may file as an estate if the person who died had previously set up a qualified revocable trust (QRT) under Sec. 645. Legal regulations permit what is known as a special election. If the option exists, the trust may file as an estate. However, a person who is interested in this option needs to understand the complicated tax ramifications.

Some executors may prefer filing a trust as an estate because of specific tax advantages including using a fiscal year end when filing taxes and a special charitable deduction. All estates must file tax returns if the estates generate at least $600 income per year. Executors of estates must apply for tax identification numbers.


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