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Fort Lauderdale Florida online Form 1041 (Schedule D): What You Should Know
The Election must be filed within 15 days after the end of the trust's or estate's tax year. A filing on time is evidence of the timing and intent of the election. The election must be made by an entity that is a beneficiary in the trust if all the following conditions are met: The entity controls at least 80% of the value of the trust's or estate-related investments. A majority of other qualified financial institutions and other entity beneficiaries control at least 60% of the value of the trust's or estate-related investments if the trust is a qualified plan in which at least a 60% owner is a person located in the US. The entity receives the entire beneficial interest (or the entire adjusted taxable interest) of each beneficiary in the trust as defined in sections 408(p) and 408(l); or in the case of a qualified plan, as defined in section 409B(a). The election cannot be made by the owner of an interest held by the entity if the owner (or an existing beneficiary, if there is a beneficiary) owns more than 20% of the value of the trust's or estate-related investments unless the owner (or prior owner) is the primary beneficiary. The entity may elect to include its own income (within the meaning of subsection (h)), other than interest or dividends, not reported by the trust or estate (within the meaning of subsection (h)(2)) as a distribution from, or investment in, those interests. If the election by an entity is filed under subsection (g) of this section or unless the election would create undue hardship or impose an undue financial burden, the entity may request that the election not be made. A trust or estate, and a plan owned by the trust or estate, that is treated as a qualified plan under section 414(b)(6) must elect to be an entity under this provision only if it meets the following conditions. The entity controls at least 80% of the value of the qualified plan's or interest-related investments (or 80% of its stock) if it owns 60% or more of such investments, and owns more than 20% of any other qualified plan's or interest-related investments for which a beneficiary is or will be added.
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