Small Business/Self-Employed
Small Business/Self-Employed Topics
IRS Resources
An Abusive Scheme Toolkit for External Stakeholders
Table of Contents
1. Introduction 2. Facts
I. Background II. Basic Trust Taxation Rules III. Abusive Domestic Trust Schemes IV. Abusive Foreign Trust Schemes V. Accessing the Offshore Funds
3. Law and Arguments
I. Substance - Not Form - Controls Taxation II. Grantors May Be Treated as Owners of Trusts III. Taxation of Non-Grantor Trusts IV. Transfers to Trusts May Be Subject to Estate and Gift Taxes V. Personal Expenses Are Generally Not Deductible VI. A Genuine Charity Must Benefit in Order to Claim a Valid Charitable Deduction VII. Special Rules Apply to Foreign Trusts
4. Talking Points 5. News Releases 6. Trifolds Available 7. Questions and Answers 8. Referrals/Contacts 9. Special Types of Trusts 10. Glossary of Trust Terms Attachment A - REFERRAL FORM FOR REPORTING ABUSIVE TAX PROMOTIONS AND/OR PROMOTERS (PDF)
Page Last Reviewed or Updated: June 12, 2008