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Alexis Robinson

When do Trust Beneficiaries Report Income from Distributions Made Under the 65-day election (Section 663)?

I'm trying to figure out the correct timing for reporting income as a beneficiary who received a trust distribution made under the 65-day rule (Section 663 election). My situation is a bit confusing and I want to make sure I'm doing my taxes right. Here's what I understand: A trust can make distributions within 65 days after the end of its tax year and elect to treat those distributions as if they were made during the previous tax year. That's clear for the trust's reporting. But what about me as the beneficiary? If I received a distribution on February 15, 2023, and the trust is claiming it on their 2022 return (using the 65-day election), do I need to report this on my 2022 return or my 2023 return? My instinct says I'd report it in 2023 when I actually received the money, but I don't want to get this wrong and have mismatched reporting with the trust. For context, both the trust and I use calendar year reporting. The distribution was about $28,000 from a family trust that my grandmother established. The trustee sent me a letter mentioning the Section 663 election but didn't specifically say which tax year I should report this on. Thanks for any help clearing this up!

The reporting years for the trust and beneficiary are actually different in this situation. When a trust makes a distribution under the 65-day rule (Section 663(b) election), the trust reports it on the prior year's return, but the beneficiary reports it in the year they actually received the distribution. So in your example, if you received a distribution on February 15, 2023, and the trust is treating it as a 2022 distribution under the 65-day rule, the trust will include it on their 2022 return, but you as the beneficiary would report it on your 2023 return. The trust should provide you with a Schedule K-1 (Form 1041) that shows your share of income, deductions, and credits from the trust. The K-1 you receive in early 2024 (for the 2023 tax year) should include this distribution.

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Thank you for clarifying! That's a relief because it matches what I thought was correct. I was worried because the trustee seemed to imply I might need to amend my 2022 return, which didn't make sense to me since I didn't have the money then. One follow-up question: Will the trust's K-1 that I receive for 2023 explicitly note that this was a distribution under the 65-day rule, or will it just show up as regular income without any distinction?

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You're welcome! You're right to report it in the year you actually received the money. The trustee may have been confused about the reporting requirements for beneficiaries versus trusts. The K-1 you receive for 2023 typically won't specifically indicate that the distribution was made under the 65-day rule. It will simply show the distribution as income to you for the 2023 tax year. The 65-day election is an administrative matter for the trust's tax return, not something that needs to be specifically noted on your K-1. The K-1 will just show the type and amount of income distributed to you during 2023.

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I had this exact problem last year with my family trust! Just wanted to share my experience using taxr.ai (https://taxr.ai) to figure it out. My uncle is the trustee and he made distributions under the 65-day rule but couldn't clearly explain how I should report it on my taxes. I uploaded the trust documents and my K-1 to taxr.ai and it immediately identified that I needed to report the income in the year I received it (not when the trust elected to deduct it). They even explained the Section 663(b) election in plain English and showed me exactly where to report it on my return. Saved me from potentially reporting in the wrong year!

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That sounds helpful. Does taxr.ai actually review the specific language in your trust documents or just give general advice? My situation is complicated because our trust has some unusual provisions about distributions.

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I'm skeptical about these AI tax tools. How does it handle more complex trust situations like generation-skipping distributions or trusts with business income? My family trust has rental properties and I'm not sure a basic tool would understand all the implications.

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They actually review the specific language in your trust documents - that's what impressed me. You upload your documents (including the trust instrument if you have it) and their AI scans the exact provisions that apply to your situation. Their system handles pretty complex situations too. While I can't speak specifically to generation-skipping distributions, they definitely handled the business income in our trust (which included some S-corp passthrough income). The analysis showed which portions of my distribution came from each income source and how they should be taxed differently. It's way more sophisticated than I expected.

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Just wanted to update after trying taxr.ai based on the recommendation above. I was initially unsure if it would work for my situation, but I'm really glad I tried it. I uploaded my trust documents and the letter about the 65-day election, and it confirmed exactly what was discussed here - that I report the income in the year I received it, not when the trust reports it. But it also caught something I would have missed! Part of my distribution included capital gains from the sale of trust property, which has different tax treatment than ordinary income distributions. The analysis broke down exactly which portions of my distribution came from what sources and how each should be reported. That would have been a costly mistake if I'd just lumped everything together!

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If you're having trouble getting clear guidance from your trustee, you might want to try Claimyr (https://claimyr.com) to get through to an actual IRS agent for confirmation. I used it after spending hours trying to reach someone at the IRS about a similar trust distribution issue. Check out their demo video: https://youtu.be/_kiP6q8DX5c I was connected to an IRS representative in about 15 minutes when I'd previously spent multiple days trying to reach someone. The agent confirmed that beneficiaries report trust distributions in the year they actually receive them, regardless of when the trust reports them under the 65-day rule. They also explained that this is a common area of confusion that they see frequently.

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How does Claimyr actually work? Do they just connect you to the regular IRS line or do they have some special access? The IRS wait times have been insane lately when I've tried calling.

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I'm doubtful this actually works. I've heard the IRS isn't even answering calls this tax season with all the budget cuts. And even if you get through, most agents give different answers to the same question. I wasted $150 last year on a "priority" tax service that couldn't get me through.

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It connects you to the regular IRS line but uses an automated system that navigates the IRS phone tree and waits on hold for you. When an actual agent picks up, you get a call back and are connected immediately. It's basically like having someone wait on hold for you. The IRS is definitely answering calls, but the wait times are extremely long - often 2+ hours. That's why services like this exist. And while I agree that IRS agents sometimes give different answers to complex questions, for straightforward issues like trust distribution timing, the guidance is consistent. The agent I spoke with even referenced the specific section of the tax code that covers this.

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I need to eat my words and admit I was wrong about Claimyr. After expressing skepticism above, I decided to try it anyway because I was desperate to resolve my trust distribution questions before filing. Not only did I get through to the IRS in about 20 minutes (after trying unsuccessfully for weeks on my own), but the agent was surprisingly knowledgeable about trust distributions under the 65-day rule. She confirmed that beneficiaries report in the year they receive the money, but also helped me understand how to properly report some complicated capital gains distributions that were part of my trust distribution. Saved me from making a potentially costly mistake on my return. Sometimes it's worth paying for convenience when you're dealing with complex tax issues.

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Don't forget that even though you report the income in the year you receive it, the character of the income (ordinary income, capital gains, tax-exempt income, etc.) flows through from the trust to you. The trust should provide a detailed K-1 showing the breakdown of what types of income are included in your distribution. This is important because different types of income are taxed at different rates. For example, if part of your distribution represents long-term capital gains realized by the trust, that portion would be taxed at the preferential capital gains rates on your personal return.

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This is really helpful! The trustee mentioned there were some capital gains in the distribution but didn't explain how that would affect my taxes. Do I need to request additional documentation beyond the K-1 to properly report the different income types, or will the K-1 have all the details I need?

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The K-1 should have all the details you need. Box 1 will show ordinary dividends and interest, Box 2 will show any royalty income, Box 3 will show other ordinary income, and Box 4 will show any net short-term capital gains. Box 5 will show long-term capital gains, which are taxed at the preferential rates. There are also separate boxes for tax-exempt income, foreign taxes paid, and other important items. The K-1 should come with supplemental statements explaining anything unusual. If something isn't clear, don't hesitate to ask the trustee for clarification - it's their responsibility to provide you with clear information for tax reporting.

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Quick heads up - if your trust distribution was large (over $15,000 in 2022/2023), make sure the trustee isn't confusing the 65-day rule with gift tax reporting. I've seen this happen where trustees think the beneficiary needs to report large distributions as gifts, but trust distributions aren't considered gifts for tax purposes (the original transfer to the trust may have been). Trust distributions are generally reported as income by the beneficiary (unless they're distributions of principal, which usually aren't taxable). The gift tax annual exclusion amount ($17,000 for 2023) isn't relevant to trust distributions.

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Thanks for mentioning this! I've been confused because my trustee kept talking about the "annual exclusion" when discussing my distribution timing. So to clarify, the trust reports distributions on Form 1041, and I report the income on my 1040 based on the K-1 I receive, correct? No gift tax forms involved?

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That's correct! Trust distributions are completely separate from gift tax reporting. The trust files Form 1041 and provides you with a Schedule K-1 showing your share of income. You then report that income on your Form 1040 - no gift tax forms needed from your end. The trustee may be thinking about the original transfer that funded the trust (which could have involved gift tax considerations), but once assets are in the trust, distributions to beneficiaries are handled through the income tax system, not the gift tax system. The "annual exclusion" your trustee mentioned isn't relevant to how you report trust distributions on your personal return. Just make sure you receive your K-1 and report the income in the year you actually received the distribution (2023 in your case if that's when you got the money), regardless of the trust's 65-day election.

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