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ID Form 1041-A: What You Should Know

The IRS generally will not require the information returns that follow if the trustees of the trust are the same individuals who control the trust and can establish that such individuals have the qualifications necessary for the effective conduct of a charitable entity under section § 6121 of the Internal Revenue Code. Applies to: Applies to: Applies to: (1) A qualified charitable trust; an individual who controls the trust; or an individual related to a related group of individuals (such as a spouse, child, or sibling of the individual who controls, is related to, or is a trust beneficiary). (2) A qualified charitable organization (as defined in section 501(c)(3) of the Internal Revenue Code); a public charity (as per section 170(b) of such Code); a church (as per section 501(a) of the Internal Revenue Code) or a synagogue, house of worship, or other similar facility that is exempt from tax under section 501(c)(3) of such Code; The organization is engaged in the ordinary and lawful business of collecting and disbursing revenue in the United States; (3) A disqualified person (as defined in section 280G (relating to a controlled person)). Under section 280G, one who controls a person can be a disqualified person only if that person does: A controlled person is (1) an individual who is engaged in the trade or business of a trust or (2) the spouse of an individual who is engaged in a trade or business with the trust or (3) the spouse or minor child of an individual who is engaged in a trade or business with the trust (4) A trust that is controlled by its trustee, a qualified charitable organization, a public charity, a church, or a synagogue, house of worship, or other similar facility.

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