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Revocable trust - Trustee has dual US/Canadian citizenship

Amy S
Level 2

I have a client who passed away. He lived in the US and his wife lives in Canada and has dual citizenship. When he passed away, his wife sold a property in the US that he had lived in and operated a Corporation out of that was held in the trust. The 1099-S was reported under the EIN of the trust. I paper filed the extension request but now trying to enter the information in Lacerte, there is nowhere to enter a foreign address. I came upon the following in the Intuit forum: 

"I don't think Lacerte Form 1041 allows the input of a foreign address for the fiduciary.

Check out Section 7701 and particularly Regs Section 301.7701-7.  If the foreign trustee is the only trustee, the trust would likely fail the tests under §7701 and be classified as a foreign trust, which has tax consequences as well as reporting requirements that would otherwise not be applicable to domestic trusts."

Is this true even if his wife is also a U.S. Citizen? If I can file it, how do I get around the foreign address? If this is now a foreign trust, I need to advise the client to find someone else. I don't do foreign.

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2 Comments 2
sjrcpa
Level 15

"When he passed away, his wife sold a property in the US "

His wife, as Trustee, sold the property?

How about using your address on the 1041 as a work around?

I don't see that a Trust established in the US by a US person holding property in the US is a foreign trust because the Trustee lives outside the US.


The more I know the more I don’t know.
BobKamman
Level 15

It probably became an irrevocable trust when he died. 

Was there a capital gain (maybe not, with stepped-up basis)?  Was there other income to the trust after his death?  Did the corporation pay rent to the trust, before and/or after his death?  Will the widow receive a Schedule K-1?  Is she even your client?  Had he been filing joint returns?  Is she filing Canadian tax returns? Did he live in a community property state?  Did they have a marital agreement?  Do you really want to get involved with this?  

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