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capital gains distributions on 1041 trust return

VPBC1
Level 3

Where are capital gains distributions entered on 1041 Trust return.  Or do they go directly to the beneficiaries return.

Are advisory fees deductible as expenses on the 1041.

 

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Just-Lisa-Now-
Level 15
Level 15
1041 ha a Sch D and a 1099DIV entry area similar to the 1040.

Advisory fees are no longer deductible for a 1040 since TCJA, I "think" the same applies to a 1041.

♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪

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Just-Lisa-Now-
Level 15
Level 15
1041 ha a Sch D and a 1099DIV entry area similar to the 1040.

Advisory fees are no longer deductible for a 1040 since TCJA, I "think" the same applies to a 1041.

♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
BobKamman
Level 15

It depends. If you want the mushy IRS guidance, 

==There is a special exception for “certain incremental costs of investment advice beyond the amount that would normally be charged to individual investor.” An incremental cost is defined as “a special, additional charge that is added solely because the investment advice is rendered to a trust or estate rather than to an individual or attributable to an unusual investment objective or the need for a specialized balancing of the interests of various parties (beyond the usual balancing of the varying interests of current beneficiaries and remaindermen) such that a reasonable comparison with individual investors would be improper.”==

https://www.jdsupra.com/legalnews/certain-expenses-of-a-trust-are-still-51831/

The problem is that they are looking at this only from the perspective of a mythical "individual investor" and not that of an incapacitated or minor beneficiary of a trust or estate.  If the fiduciary was chosen based on skills other than investment management, the fees should be deductible, and eventually a court may agree.

VPBC1
Level 3

thank you for your prompt response and reference material!  ProSeries should put the capital gains distributions in the same area as interest and dividends and not "hide" it away on LIne 13.   

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