Discussion:Fiduciary Return -MA Fiduciary, California Trust

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Discussion Forum Index --> Advanced Tax Questions --> Fiduciary Return -MA Fiduciary, California Trust

Discussion Forum Index --> Tax Questions --> Fiduciary Return -MA Fiduciary, California Trust

Vkendrick (talk|edits) said:

23 February 2010
Question- I have a California trust with some source income to California. The "only" trustee is a resident of Massachusetts. Does MA require that I file a Trust Return? There is really no source income to MA as the decedent was a California resident. Outside of the sourced pension income and K-1 ordinary income all the rest is bank interest and dividends. All the beneficiaries are not residents of California. I am assuming I have to file the California 541 since sourced income exceeds $10k

Dennis (talk|edits) said:

23 February 2010
No MA return. It is virtually universal that testamentary trusts will be resident in the state in which decedent was resident.

R2 (talk|edits) said:

23 February 2010
Agree with Dennis. No MA return required. See MA definition of a resident trust (below).

Resident Trust

A “resident trust” may be one of two types.

It may be a “testamentary trust” – a trust under the will of an individual who died a Massachusetts resident.

Alternatively, it may be an “inter vivos trust” – a trust created during the life of the grantor. To subject an inter vivos trust to the taxing jurisdiction of Massachusetts, the following conditions must exist: the trustee or other fiduciary, or at least one of them, is a Massachusetts resident, and (1) the grantor, or at least one of them, was a Massachusetts resident when the trust was created; or (2) the grantor, or at least one of them, resided in Massachusetts during any part of the year for which the income is computed; or (3) the grantor or at least one of them, died a Massachusetts resident.

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