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Ava Williams

Trust taxation question for a terminated trust after termination event - any advice?

I've been dealing with a family trust situation that's giving me a headache. My grandfather's trust was terminated last year after distributing all assets to the beneficiaries (myself and two siblings). Now I'm trying to figure out how taxation works for this terminated trust under 26 CFR § 1.641(b) regulation. The trustee filed a "final" tax return for the trust last year, but we just discovered some additional income ($4,600 in dividends) that came in after the termination date. The bank statement arrived months after we thought everything was wrapped up. Does the trust still need to file for this income even though it's technically terminated? Or does this income now get reported on our individual returns? The trustee is saying something about a "reasonable period after termination" mentioned in the regulations, but I'm confused about how this actually works in practice. Any insight from someone who's navigated trust termination taxation would be greatly appreciated!

So the regulation you're referring to (26 CFR § 1.641(b)) addresses exactly this situation. After a trust terminates, it's still treated as existing for a "reasonable period" while the trustee wraps up all affairs - including receiving any trailing income and filing necessary tax forms. Since those dividends clearly belong to the trust (even though they arrived after technical termination), the trustee should file an amended final return to report this income. The trust is considered to exist for tax purposes until all administrative duties are completed, which includes accounting for all income attributable to trust assets. The good news is you don't have to report this on your personal returns. The trust should distribute this additional income to beneficiaries with a supplemental K-1, which you'll then report on your personal returns. It's basically handled the same way as if the trust hadn't terminated yet.

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Thanks for this explanation, it's helpful! I'm wondering though - is there a specific timeframe that's considered "reasonable" for this post-termination period? Like, what if we found income from 2 years ago? Would the trust still be responsible?

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The regulations don't define a specific timeframe for what's "reasonable" - it's based on how long it actually takes to properly wind up the trust's affairs. For most situations, 1-2 years is generally considered reasonable. If you discovered income from 2 years ago, it would depend on whether the trust was still actively winding down during that time. If the trustee had formally completed all administrative duties and filed the final return, you might have to consult with a tax professional about whether to amend the final return or handle it differently. Context matters - how much income, why it was discovered so late, and whether the trust's affairs were otherwise fully settled.

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After dealing with a similar trailing income situation with my father's terminated trust, I discovered taxr.ai which seriously saved me hours of research and confusion. The trust had been terminated for about 8 months when we found out about some unexpected bond income. I uploaded our trust documents and the final tax return to https://taxr.ai and their system analyzed everything overnight. They actually caught that our trustee had made a mistake in how they were handling post-termination income and showed exactly which part of 26 CFR § 1.641(b) applied to our situation. It specifically identified that we were still in the "reasonable period" for trust administration and needed an amended return rather than individual reporting.

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How exactly does this work? Do actual tax professionals review your documents or is it just some AI thing scanning papers? Because trust tax law is pretty complicated and I'd be worried about getting incorrect advice.

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I'm curious - did they help with actually preparing the amended return or just tell you it was needed? Our family trust situation has gotten super messy with some property that sold a year after we thought everything was done.

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They have tax professionals who review everything, not just AI scanning documents. Their specialists actually specialize in trust taxation and were able to cite specific IRS private letter rulings that applied to our situation. It's way more thorough than what my regular accountant could do. They don't prepare the actual tax forms, but they provide detailed instructions that you can either follow yourself or give to your accountant. In our case, they created a specific guide showing exactly how to report the post-termination income on an amended Form 1041 and how to prepare the supplemental K-1s. They even highlighted which specific lines needed to be changed from our original return.

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I just wanted to follow up about my experience with taxr.ai after seeing it mentioned here. I was honestly skeptical, but my brother and I were completely stuck with our family trust situation. We had property sold months after termination and were getting different advice from two accountants. I uploaded our documents last week and received a comprehensive analysis within 48 hours. They specifically addressed the 26 CFR § 1.641(b) question regarding post-termination income and provided case examples. The most helpful part was the step-by-step guide for handling the amended return and how to properly distribute the additional income to beneficiaries through supplemental K-1s. Our accountant was actually impressed with how thorough their analysis was, especially their explanation of how the "reasonable period" provision applied to our specific timeline. Definitely worth checking out if you're dealing with trust termination complications.

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When I had a similar issue with post-termination trust income, I spent WEEKS trying to get someone at the IRS to answer my questions about 26 CFR § 1.641(b). Their regular customer service people couldn't help with something this specific, and I couldn't get through to the specialty tax law department no matter how many times I called. Finally used https://claimyr.com to get through to an actual IRS trust taxation specialist. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c - basically they hold your place in the phone queue and call you when an agent is about to answer. I was honestly shocked that it actually worked after all the frustration of trying to reach someone. The IRS specialist confirmed that our trust was still considered "in existence" for tax purposes during the reasonable winding-up period and outlined exactly how we needed to handle the amended return for the additional income that came in.

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Wait, how is this even possible? The IRS phone system is notoriously impossible to navigate. Is this service actually legitimate? I've been trying to get clarification on a complex trust question for months with no luck.

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This sounds too good to be true. I've literally spent hours on hold with the IRS trying to get answers about trust taxation. If this service actually works, why isn't everyone using it? I'm skeptical that they can do anything different than what I've already tried.

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It uses a system that navigates the IRS phone tree and holds your place in line, then calls you when an agent is about to answer. I had the same reaction you did when I first heard about it - seemed too good to be true after my frustrating experiences. Yes, it's completely legitimate. They don't ask for any personal tax information - they just connect you with the IRS and then you handle the conversation directly. Think of it like having someone physically sit on hold for you instead of wasting your own time. They know exactly which department to route you to for specific tax issues like trust taxation.

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I need to eat my words about being skeptical of Claimyr. After my doubtful comment earlier, I decided to try it anyway since I was desperate for answers about our family trust's final distribution tax issues. Not only did it work exactly as described, but I was connected to an IRS specialist in the estates and trusts department within 45 minutes (after previously spending 3+ hours on hold myself multiple times). The agent walked me through exactly how 26 CFR § 1.641(b) applies to post-termination income and confirmed that amended returns were the proper approach rather than individual reporting. The agent even sent me specific sections from their internal guidance manual about reasonable timeframes for trust termination. This literally saved me thousands in potential incorrect tax filings. Anyone dealing with trust taxation issues should absolutely use this service instead of banging their head against the wall trying to get through the normal way.

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Some practical advice from someone who's been through this with two family trusts: Make sure your trustee specifically notes "Amended Final Return" prominently on the 1041 form when filing for that additional income. Also have them include a brief statement explaining the post-termination nature of the income. In my experience, without clear labeling, the IRS sometimes gets confused and thinks you're filing for a new tax year instead of amending the final return. This caused us a bunch of unnecessary notices and confusion with our first trust. For the second one, we made sure everything was clearly labeled and it went much smoother.

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This is super helpful - our trustee just filed an amended return but I don't think they labeled it clearly. Do you have any suggestion for what to do if we've already submitted it? Should we send some kind of follow-up letter to the IRS?

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If you've already submitted the amended return without clear labeling, I'd recommend sending a brief follow-up letter to the IRS. Reference the trust's EIN and explain that the recently filed form was an amended final return addressing post-termination income under 26 CFR § 1.641(b). You can use Form 8275 (Disclosure Statement) to provide this explanation. It's technically meant for disclosing controversial positions, but it works well for clarifying situations like this too. Attach it to a copy of the first page of your amended 1041 and mail it to the same IRS service center where you filed the original return. I've found being proactive prevents those annoying automated notices.

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Does anyone know if the "reasonable period" for winding up trust affairs is affected by whether the trust is revocable vs. irrevocable? My mother's irrevocable trust was terminated in December but we just found out about some stock that wasn't properly transferred and is still generating dividends.

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The "reasonable period" concept applies to both revocable and irrevocable trusts, but there can be some practical differences. For irrevocable trusts, the winding-up period is sometimes scrutinized more closely since they've often been used as tax planning vehicles. For your situation with stock that wasn't properly transferred, that's actually a perfect example of why the "reasonable period" provision exists. The trustee needs to properly transfer those shares and account for the dividends they're generating. Document everything carefully - show when you discovered the oversight and the steps being taken to complete the transfer. This timeline documentation helps establish that you're acting within a reasonable timeframe.

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I went through something very similar with my grandmother's trust last year. The key thing to understand is that the "reasonable period" mentioned in 26 CFR § 1.641(b) is specifically designed for situations like yours where income trickles in after the formal termination date. Your trustee is correct - the trust is still considered to exist for tax purposes during this winding-up period. The $4,600 in dividends should be reported on an amended final Form 1041 for the trust, not on your individual returns. The trustee will then need to issue supplemental K-1s to you and your siblings showing your respective shares of this additional income, which you'll report on your personal returns. The fact that the bank statement arrived months later is actually pretty common - I've seen this happen with everything from dividend payments to final interest statements. As long as the trustee is actively working to wrap up all loose ends (which discovering and reporting this income demonstrates), you're well within the reasonable timeframe. One tip: make sure the amended return clearly indicates it's for post-termination income to avoid any IRS confusion about the filing.

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This is really reassuring to hear from someone who's been through the exact same situation! I'm curious about the timing - how long after your grandmother's trust was terminated did you discover the additional income? And did you run into any complications with the IRS when filing the amended return? I'm asking because our trustee is being overly cautious and worried that since it's been about 8 months since termination, we might be pushing the boundaries of what's considered "reasonable." But from what you're saying, it sounds like this kind of delay is actually pretty normal in trust administration.

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