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Level 3
March 31, 2023
Question

Wages on a Trust

  • March 31, 2023
  • 4 replies
  • 57 views

My client has been claiming W2 wages from a trust for a few years.  This year I am taking over the trust return and I noticed that there is no prior deduction on the trust for the wages being paid.  I don't see a place to enter wages (this are no Sch H wages) so would I just put them on the Fiduciary Fee line along with payroll taxes that were paid by the trust?  I can't seem to find anything in the instructions.

thanks

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4 replies

Skylane
Intuit Community Champion
March 31, 2023

what are the wages for? 

If at first you don’t succeed…..find a workaround
Just-Lisa-Now-
Intuit Community Champion
March 31, 2023

I had a 1041 estate return that had a Sch C with wages included as a deduction on the Sch C. 

What are they being paid wages for?

♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
Level 8
March 31, 2023

Why W2 income?  I would think this would be Sch C income.

qbteachmt
Level 15
March 31, 2023

What sort of trust is this? Is your client the Trustee?

"It is a general rule that a fiduciary, whether receiver, trustee in bankruptcy, administrator of an estate or liquidator of a bank, is not an employee as to the services performed in his fiduciary capacity (Rev. Rul. 69-656 )."

https://answerconnect.cch.com/document/arp283c81acf07b6f1000881c001b7840a5b20147/federal/irc/explanation/trustees-and-fiduciaries

"Unlike a company, a trust is not a legal entity in its own right and therefore cannot directly employ apprentices or trainees. In circumstances where a trust arrangement is indicated, there will be a trustee authorized to conduct the trust’s business. The trustee, whether an individual, a partnership or a proprietary company, contracts on behalf of the trust and accordingly would be the legal employer of the apprentices/trainees employed by the trust. The trust deed under which the trustee is appointed may be requested if there is any doubt as to the correct legal employer. Note that where a unit trust arrangement is indicated, the terms of unit trusts divide the ownership of the trust into a number of equal units issued to investors, companies or other joint ventures. In the case of unit trusts, as with other trusts, the unit trust trustee should be indicated on the application as the legal employer of the employee."

https://answerconnect.cch.com/document/arp283c81acf07b6f1000881c001b7840a5b20147/federal/irc/explanation/trustees-and-fiduciaries

And it would be more than W2 amount. There are employer taxes, for one thing. And payroll form filings.

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LJ1229Author
Level 3
March 31, 2023

Yeah, I thought this was weird when I realized the W2 is from the trust EIN.

Trust is a complex exemption trust.  Until May of last year the beneficiary was the wife and my client (the son) was the trustee.  The w2 was issued to the daughter in law.  DIL was helping mom at and handling the finances for the household.

qbteachmt
Level 15
March 31, 2023

"Until May of last year the beneficiary was the wife and my client (the son) was the trustee. The w2 was issued to the daughter in law. DIL was helping mom at and handling the finances for the household."

Isn't that Household help, then? Employed by the mom, and if the trust paid the costs, that would be an indirect distribution to the mom.

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