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Question

Resident State of Trustee?

Forum|Forum|2 years ago
March 16, 2024
1 reply
0 views

I am required to file a Federal 1041 as a Trustee. I have filed for years as a resident of state X, with the residency of the trust determined by my (Trustee's) residency. Last August I moved from state X to state Y in August. Should I now file the state Fiduciary return in state X or state Y? I was in state X for more days, but I was in state Y on Dec 31.

Not A Product Question

Employee

Are you also the settlor of the trust (i.e., is this a grantor trust that files a 1041 with a GIS)?

You likely have a scenario where you could have to file a part year return in both states so you need to check state law in both.

Also, is the residency of the trustee the only requirement for the trust to be considered a resident of State X?

xX_Rush33_XxAuthor

I did not create the trust so I assume that means I am not the grantor?

From my research so far, both of the states in question use the residency of the trustee as the residence of the trust.

Thank you for your reply!