[Federal Register Volume 60, Number 245 (Thursday, December 21, 1995)]
[Rules and Regulations]
[Pages 66085-66091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30682]



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DEPARTMENT OF THE TREASURY
26 CFR Parts 1, 25, 301, and 602

[TD 8633]
RIN 1545-AS37


Grantor Trust Reporting Requirements

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Final regulations.

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SUMMARY: This document contains final regulations relating to the 
method of reporting for trusts that are treated as owned by grantors or 
other persons under the provisions of subpart E (section 671 and 
following), part I, subchapter J, chapter 1 of the Internal Revenue 
Code. These regulations are intended to reduce the current filing 
burden on trustees, to provide necessary information to grantors or 
other persons treated as the owners of trusts, to reduce any cases of 
duplicate filing, and to provide more meaningful information to the 
IRS. These regulations affect grantors and trustees of trusts that are 
treated as owned by grantors or other persons, as well as persons who 
are required to file information returns with respect to payments to 
these trusts.

DATES: These regulations are effective January 1, 1996. For dates of 
applicability of these regulations, see Sec. 1.671-4(h).

FOR FURTHER INFORMATION CONTACT: Steven Schneider, (202) 622-3060 (not 
a toll-free number).

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act

    The collection of information contained in these final regulations 
has been reviewed and approved by the Office of Management and Budget 
in accordance with the Paperwork Reduction Act (44 U.S.C. 3507) under 
control number 1545-1442. This information is required by the IRS to 
insure the proper reporting of income and proceeds paid to a trust any 
portion of which is treated as owned by the grantor or another person.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless the collection of 
information displays a valid control number.
    The estimated annual burden per respondent is 30 minutes.
    Comments concerning the accuracy of this burden estimate and 
suggestions for reducing this burden should be sent to the Internal 
Revenue Service, Attn: IRS Reports Clearance Officer, T:FP, Washington, 
DC 20224, and to the Office of Management and Budget, Attn: Desk 
Officer for the Department of the Treasury, Office of Information and 
Regulatory Affairs, Washington, DC 20503.
    Books or records relating to this collection of information must be 
retained as long as their contents may become material in the 
administration of any internal revenue law. Generally, tax returns and 
tax return information are confidential, as required by 26 U.S.C. 6103.

Background

    On July 22, 1994, the IRS published in the Federal Register a 
notice of proposed rulemaking and notice of public hearing (59 FR 
37450) proposing amendments to the Income Tax Regulations (26 CFR part 
1) under section 671 of the Internal Revenue Code (Code) and to the 
Procedure and Administration Regulations (26 CFR part 301) under 
sections 6012 and 6109 of the Code.
    Written comments responding to the notice were received. A public 
hearing was held on September 21, 1994, pursuant to the notice 
published in the Federal Register on July 22, 1994. After consideration 
of all written and oral comments regarding the proposed amendments, 
those amendments are adopted as revised by this Treasury decision.

Explanation of Provisions and Significant Changes in the Final 
Regulations

    Subject to certain new limitations under Sec. 1.671-4(b)(6) and 
(7), discussed below, Sec. 1.671-4(b) of the final regulations retains 
the optional alternative methods of reporting contained in the proposed 
regulations published on July 22, 1994.
    Several comments were submitted requesting confirmation that the 
alternative methods of reporting described in the proposed regulations 
are optional and not mandatory. Section 1.671-4(b) of the final 
regulations clarifies that the trustee of a trust all of which is 
treated as owned by one or more grantors or other persons may, but is 
not required to, report pursuant to one of the alternative methods.
    Certain commentators were unsure of which persons are considered 
payors for purposes of the alternative filing methods. The final 
regulations define the term payor as including any person who is 
required by any provision of the Code and the regulations thereunder to 
make any type of information return with respect to the trust for the 
taxable year.
    With respect to the alternative methods of reporting, several 
commentators were unsure of the items 

[[Page 66086]]
and the amounts of income that must be reported on any Forms 1099 
required to be filed by the trustee. Section 1.671-4(b)(5) of the final 
regulations clarifies that the amounts that must be included on any 
Forms 1099 required to be filed by the trustee do not include any 
amounts that are reportable by the payor on an information return other 
than Form 1099.
    For example, in the case of a trustee who furnishes the name, TIN, 
and address of the trust to all payors pursuant to Sec. 1.671-
4(b)(2)(i)(B) of the final regulations, the trustee does not include 
items of income attributable to an interest in a partnership on any 
Forms 1099 filed by the trustee because those items are reportable by 
the partnership on Schedule K-1 of Form 1065 (reporting distributive 
shares to members of a partnership). While the statement furnished to 
the grantor or other person treated as the owner of the trust by the 
trustee will show all items of income, deduction, and credit 
attributable to the partnership interest, those items will not be 
reported to the IRS by the trustee on any type of form.
    Several commentators were unsure of the dates by which a trustee 
must file any required Forms 1099 and must furnish any required 
statements to grantors or other persons treated as owners of the trust. 
Section 1.671-4(c) of the final regulations provides that the due date 
for any Forms 1099 required to be filed with the IRS by a trustee is 
the due date otherwise in effect for filing Forms 1099. Currently, the 
due date is February 28 of the following year.
    Section 1.671-4(d) of the final regulations provides that the due 
date for the statement required to be furnished by a trustee to the 
grantor or other person treated as an owner of the trust is the date 
specified by section 6034A(a). Currently, the due date is April 15 of 
the following year.
    Comments were received requesting clarification of the trustee's 
obligation, under the first of the alternative reporting methods, to 
furnish the name and TIN of the grantor to all payors. The final 
regulations provide that: (1) A trustee may not report under the first 
alternative reporting method unless the grantor or other person treated 
as the owner of the trust provides to the trustee a complete Form W-9 
or other acceptable substitute form; (2) a trustee reporting under the 
first alternative reporting method acts as the agent of the grantor or 
other person treated as the owner of the trust for purposes of 
furnishing backup withholding information to a payor; and (3) the payor 
may rely on the name and TIN provided to the payor by the trustee. If 
the Form W-9 indicates that the grantor or other person is subject to 
backup withholding, then the trustee must notify all payors of 
reportable interest and dividend payments of the requirement to backup 
withhold.
    Comments were received requesting clarification of the annuity and 
unitrust payment dates under Sec. 25.2702-3 of the Gift Tax Regulations 
for trusts electing one of the alternative methods of reporting. The 
final regulations contain conforming amendments to Sec. 25.2702-
3(b)(1)(i) and Sec. 25.2702-3(c)(1)(i).
    One commentator noted the need for more guidance concerning the 
reporting requirements for widely held fixed investment trusts. Because 
that guidance is outside the scope of this regulation, the final 
regulations do not provide special rules for these trusts. However IRS 
and Treasury anticipate providing guidance for these trusts in a 
separate project and would welcome comments from interested taxpayers 
and practitioners regarding such guidance.
    Several of the comments received with respect to the proposed 
regulations emphasized the necessity of making the trustee's choice to 
report under one of the alternative methods revocable. The final 
regulations provide that a trustee who has reported pursuant to one of 
the alternative methods may report pursuant to the general rule 
requiring the trustee to file a Form 1041 for any subsequent taxable 
years of the trust, provided that certain conditions are met.
    The final regulations provide that the trustee of a trust all of 
which is treated as owned by one grantor or one other person that is an 
exempt recipient for information reporting purposes may not report 
under an alternative method. However, if the trust is treated as owned 
by two or more grantors or other persons, the trustee may report 
pursuant to the alternative method for multiple grantors if (1) at 
least one grantor or one other person who is treated as an owner of the 
trust is a person who is not an exempt recipient for information 
reporting purposes and (2) the trustee reports without regard to 
whether any of the grantors or other persons treated as owners of the 
trust are exempt recipients for information reporting purposes.
    The final regulations also provide that the trustee of a trust all 
of which is treated as owned by one grantor or other person whose 
taxable year is a fiscal year may not report under an alternative 
method. However, the trustee of a trust that is treated as owned by two 
or more grantors or other persons may report pursuant to the 
alternative method for multiple grantors even though one or more of the 
grantors or other persons treated as an owner of the trust has a 
taxable year that is the fiscal year.
    In addition, the final regulations provide that a trustee of a 
trust that is a qualified subchapter S trust as defined in section 
1361(d)(3) may not report under an alternative method.
    The final regulations also provide that the trustee of a trust may 
not report under an alternative method if any person who is treated as 
an owner of the trust is not a United States person.

Effective Date and Transition Rule

    The final regulations are effective for taxable years beginning on 
or after January 1, 1996, subject to a requirement that certain 
trustees file a final Form 1041 before adopting one of the alternative 
methods of reporting. The final regulations retain the transition rule 
contained in the proposed regulations providing that, for taxable years 
beginning prior to January 1, 1996, the IRS will not challenge the 
manner of reporting by trustees of certain trusts.

Special Analyses

    It has been determined that this Treasury decision is not a 
significant regulatory action as defined in EO 12866. Therefore, a 
regulatory assessment is not required. It has also been determined that 
section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) 
and the Regulatory Flexibility Act (5 U.S.C. chapter 6) do not apply to 
these regulations, and, therefore, a Regulatory Flexibility Analysis is 
not required. Pursuant to section 7805(f) of the Code, the notice of 
proposed rulemaking preceding these regulations was submitted to the 
Small Business Administration for comment on its impact on small 
business.

Drafting Information

    The principal author of these regulations is Robert Rio, formerly 
of the Office of Assistant Chief Counsel (Passthroughs and Special 
Industries), IRS. However, other personnel from the IRS and Treasury 
Department participated in their development.

List of Subjects

26 CFR Part 1

    Income taxes, Reporting and recordkeeping requirements.

26 CFR Part 25

    Gift taxes, Reporting and recordkeeping requirements.

26 CFR Part 301

    Employment taxes, Estate taxes, Excise taxes, Gift taxes, Income 
taxes, 

[[Page 66087]]
Penalties, Reporting and recordkeeping requirements.

26 CFR Part 602

    Reporting and recordkeeping requirements.

Adoption of Amendments to the Regulations

    Accordingly, 26 CFR parts 1, 25, 301, and 602 are amended as 
follows:

PART 1--INCOME TAXES

    Paragraph 1. The authority citation for part 1 continues to read in 
part as follows:

    Authority: 26 U.S.C. 7805. * * *

    Par. 2. Section 1.671-4 is revised to read as follows:


Sec. 1.671-4  Method of reporting.

    (a) Portion of trust treated as owned by the grantor or another 
person. Except as otherwise provided in paragraph (b) of this section, 
items of income, deduction, and credit attributable to any portion of a 
trust which, under the provisions of subpart E (section 671 and 
following), part I, subchapter J, chapter 1 of the Internal Revenue 
Code, is treated as owned by the grantor or another person are not 
reported by the trust on Form 1041, but are shown on a separate 
statement to be attached to that form.
    (b) A trust all of which is treated as owned by one or more 
grantors or other persons--(1) In general. In the case of a trust all 
of which is treated as owned by one or more grantors or other persons, 
and which is not described in paragraph (b)(6) or (7) of this section, 
the trustee may, but is not required to, report by one of the methods 
described in this paragraph (b) rather than by the method described in 
paragraph (a) of this section. A trustee may not report, however, 
pursuant to paragraph (b)(2)(i)(A) of this section unless the grantor 
or other person treated as the owner of the trust provides to the 
trustee a complete Form W-9 or acceptable substitute Form W-9 signed 
under penalties of perjury. See section 3406 and the regulations 
thereunder for the information to include on, and the manner of 
executing, the Form W-9, depending upon the type of reportable payments 
made.
    (2) A trust all of which is treated as owned by one grantor or by 
one other person--(i) In general. In the case of a trust all of which 
is treated as owned by one grantor or one other person, the trustee 
reporting under this paragraph (b) must either--
    (A) Furnish the name and taxpayer identification number (TIN) of 
the grantor or other person treated as the owner of the trust, and the 
address of the trust, to all payors during the taxable year, and comply 
with the additional requirements described in paragraph (b)(2)(ii) of 
this section; or
    (B) Furnish the name, TIN, and address of the trust to all payors 
during the taxable year, and comply with the additional requirements 
described in paragraph (b)(2)(iii) of this section.
    (ii) Additional obligations of the trustee when name and TIN of the 
grantor or other person treated as the owner of the trust and the 
address of the trust are furnished to payors. (A) Unless the grantor or 
other person treated as the owner of the trust is the trustee or a co-
trustee of the trust, the trustee must furnish the grantor or other 
person treated as the owner of the trust with a statement that--
    (1) Shows all items of income, deduction, and credit of the trust 
for the taxable year;
    (2) Identifies the payor of each item of income;
    (3) Provides the grantor or other person treated as the owner of 
the trust with the information necessary to take the items into account 
in computing the grantor's or other person's taxable income; and
    (4) Informs the grantor or other person treated as the owner of the 
trust that the items of income, deduction and credit and other 
information shown on the statement must be included in computing the 
taxable income and credits of the grantor or other person on the income 
tax return of the grantor or other person.
    (B) The trustee is not required to file any type of return with the 
Internal Revenue Service.
    (iii) Additional obligations of the trustee when name, TIN, and 
address of the trust are furnished to payors--(A) Obligation to file 
Forms 1099. The trustee must file with the Internal Revenue Service the 
appropriate Forms 1099, reporting the income or gross proceeds paid to 
the trust during the taxable year, and showing the trust as the payor 
and the grantor or other person treated as the owner of the trust as 
the payee. The trustee has the same obligations for filing the 
appropriate Forms 1099 as would a payor making reportable payments, 
except that the trustee must report each type of income in the 
aggregate, and each item of gross proceeds separately. See paragraph 
(b)(5) of this section regarding the amounts required to be included on 
any Forms 1099 filed by the trustee.
    (B) Obligation to furnish statement. (1) Unless the grantor or 
other person treated as the owner of the trust is the trustee or a co-
trustee of the trust, the trustee must also furnish to the grantor or 
other person treated as the owner of the trust a statement that--
    (i) Shows all items of income, deduction, and credit of the trust 
for the taxable year;
    (ii) Provides the grantor or other person treated as the owner of 
the trust with the information necessary to take the items into account 
in computing the grantor's or other person's taxable income; and
    (iii) Informs the grantor or other person treated as the owner of 
the trust that the items of income, deduction and credit and other 
information shown on the statement must be included in computing the 
taxable income and credits of the grantor or other person on the income 
tax return of the grantor or other person.
    (2) By furnishing the statement, the trustee satisfies the 
obligation to furnish statements to recipients with respect to the 
Forms 1099 filed by the trustee.
    (iv) Examples. The following examples illustrate the provisions of 
this paragraph (b)(2):

    Example 1. G, a United States citizen, creates an irrevocable 
trust which provides that the ordinary income is to be payable to 
him for life and that on his death the corpus shall be distributed 
to B, an unrelated person. Except for the right to receive income, G 
retains no right or power which would cause him to be treated as an 
owner under sections 671 through 679. Under the applicable local 
law, capital gains must be added to corpus. Since G has a right to 
receive income, he is treated as an owner of a portion of the trust 
under section 677. The tax consequences of any items of capital gain 
of the trust are governed by the provisions of subparts A, B, C, and 
D (section 641 and following), part I, subchapter J, chapter 1 of 
the Internal Revenue Code. Because not all of the trust is treated 
as owned by the grantor or another person, the trustee may not 
report by the methods described in paragraph (b)(2) of this section.
    Example 2. (i)(A) On January 2, 1996, G, a United States 
citizen, creates a trust all of which is treated as owned by G. The 
trustee of the trust is T. During the 1996 taxable year the trust 
has the following items of income and gross proceeds:

Interest.........................................................$2,500
Dividends.........................................................3,205
Proceeds from sale of B stock.....................................2,000

    (B) The trust has no items of deduction or credit.
    (ii)(A) The payors of the interest paid to the trust are X 
($2,000), Y ($300), and Z ($200). The payors of the dividends paid 
to the trust are A ($3,200), and D ($5). The payor of the gross 
proceeds paid to the trust is D, a brokerage firm, which held the B 
stock as the nominee for the trust. The B stock was purchased by T 
for $1,500 on January 3, 1996, and sold by T on November 29, 1996. T 
chooses to report pursuant to paragraph 

[[Page 66088]]
(b)(2)(i)(B) of this section, and therefore furnishes the name, TIN, 
and address of the trust to X, Y, Z, A, and D. X, Y, and Z each 
furnish T with a Form 1099-INT showing the trust as the payee. A 
furnishes T with a Form 1099-DIV showing the trust as the payee. D 
does not furnish T with a Form 1099-DIV because D paid a dividend of 
less than $10 to T. D furnishes T with a Form 1099-B showing the 
trust as the payee.
    (B) On or before February 28, 1997, T files a Form 1099-INT with 
the Internal Revenue Service on which T reports interest 
attributable to G, as the owner of the trust, of $2,500; a Form 
1099-DIV on which T reports dividends attributable to G, as the 
owner of the trust, of $3,205; and a Form 1099-B on which T reports 
gross proceeds from the sale of B stock attributable to G, as the 
owner of the trust, of $2,000. On or before April 15, 1997, T 
furnishes a statement to G which lists the following items of income 
and information necessary for G to take the items into account in 
computing G's taxable income:

Interest.........................................................$2,500
Dividends.........................................................3,205
Gain from sale of B stock...........................................500

    Information regarding sale of B stock:

Proceeds.........................................................$2,000
Basis.............................................................1,500
Date acquired...................................................1/03/96
Date sold......................................................11/29/96

    (C) T informs G that any items of income, deduction and credit 
and other information shown on the statement must be included in 
computing the taxable income and credits of the grantor or other 
person on the income tax return of the grantor or other person.
    (D) T has complied with T's obligations under this section.
    (iii)(A) Same facts as paragraphs (i) and (ii) of this Example 
2, except that G contributed the B stock to the trust on January 2, 
1996. On or before April 15, 1997, T furnishes a statement to G 
which lists the following items of income and information necessary 
for G to take the items into account in computing G's taxable 
income:

Interest $2,500
Dividends 3,205

    Information regarding sale of B stock:
Proceeds.........................................................$2,000
Date sold......................................................11/29/96
    (B) T informs G that any items of income, deduction and credit 
and other information shown on the statement must be included in 
computing the taxable income and credits of the grantor or other 
person on the income tax return of the grantor or other person.
    (C) T has complied with T's obligations under this section.
    Example 3. On January 2, 1996, G, a United States citizen, 
creates a trust all of which is treated as owned by G. The trustee 
of the trust is T. The only asset of the trust is an interest in C, 
a common trust fund under section 584(a). T chooses to report 
pursuant to paragraph (b)(2)(i)(B) of this section and therefore 
furnishes the name, TIN, and address of the trust to C. C files a 
Form 1065 and a Schedule K-1 (Partner's Share of Income, Credits, 
Deductions, etc.) showing the name, TIN, and address of the trust 
with the Internal Revenue Service and furnishes a copy to T. Because 
the trust did not receive any amounts described in paragraph (b)(5) 
of this section, T does not file any type of return with the 
Internal Revenue Service. On or before April 15, 1997, T furnishes G 
with a statement that shows all items of income, deduction, and 
credit of the trust for the 1996 taxable year. In addition, T 
informs G that any items of income, deduction and credit and other 
information shown on the statement must be included in computing the 
taxable income and credits of the grantor or other person on the 
income tax return of the grantor or other person. T has complied 
with T's obligations under this section.

    (3) A trust all of which is treated as owned by two or more 
grantors or other persons--(i) In general. In the case of a trust all 
of which is treated as owned by two or more grantors or other persons, 
the trustee must furnish the name, TIN, and address of the trust to all 
payors for the taxable year, and comply with the additional 
requirements described in paragraph (b)(3)(ii) of this section.
    (ii) Additional obligations of trustee--(A) Obligation to file 
Forms 1099. The trustee must file with the Internal Revenue Service the 
appropriate Forms 1099, reporting the items of income paid to the trust 
by all payors during the taxable year attributable to the portion of 
the trust treated as owned by each grantor or other person, and showing 
the trust as the payor and each grantor or other person treated as an 
owner of the trust as the payee. The trustee has the same obligations 
for filing the appropriate Forms 1099 as would a payor making 
reportable payments, except that the trustee must report each type of 
income in the aggregate, and each item of gross proceeds separately. 
See paragraph (b)(5) of this section regarding the amounts required to 
be included on any Forms 1099 filed by the trustee.
    (B) Obligation to furnish statement. (1) The trustee must also 
furnish to each grantor or other person treated as an owner of the 
trust a statement that--
    (i) Shows all items of income, deduction, and credit of the trust 
for the taxable year attributable to the portion of the trust treated 
as owned by the grantor or other person;
    (ii) Provides the grantor or other person treated as an owner of 
the trust with the information necessary to take the items into account 
in computing the grantor's or other person's taxable income; and
    (iii) Informs the grantor or other person treated as the owner of 
the trust that the items of income, deduction and credit and other 
information shown on the statement must be included in computing the 
taxable income and credits of the grantor or other person on the income 
tax return of the grantor or other person.
    (2) Except for the requirements pursuant to section 3406 and the 
regulations thereunder, by furnishing the statement, the trustee 
satisfies the obligation to furnish statements to recipients with 
respect to the Forms 1099 filed by the trustee.
    (4) Persons treated as payors--(i) In general. For purposes of this 
section, the term payor means any person who is required by any 
provision of the Internal Revenue Code and the regulations thereunder 
to make any type of information return (including Form 1099 or Schedule 
K-1) with respect to the trust for the taxable year, including persons 
who make payments to the trust or who collect (or otherwise act as 
middlemen with respect to) payments on behalf of the trust.
    (ii) Application to brokers and customers. For purposes of this 
section, a broker, within the meaning of section 6045, is considered a 
payor. A customer, within the meaning of section 6045, is considered a 
payee.
    (5) Amounts required to be included on Forms 1099 filed by the 
trustee--(i) In general. The amounts that must be included on any Forms 
1099 required to be filed by the trustee pursuant to this section do 
not include any amounts that are reportable by the payor on an 
information return other than Form 1099. For example, in the case of a 
trust which owns an interest in a partnership, the trust's distributive 
share of the income and gain of the partnership is not includible on 
any Forms 1099 filed by the trustee pursuant to this section because 
the distributive share is reportable by the partnership on Schedule K-
1.
    (ii) Example. The following example illustrates the provisions of 
this paragraph (b)(5):

    Example. (i)(A) On January 2, 1996, G, a United States citizen, 
creates a trust all of which is treated as owned by G. The trustee 
of the trust is T. The assets of the trust during the 1996 taxable 
year are shares of stock in X, an S corporation, a limited 
partnership interest in P, shares of stock in M, and shares of stock 
in N. T chooses to report pursuant to paragraph (b)(2)(i)(B) of this 
section and therefore furnishes the name, TIN, and address of the 
trust to X, P, M, and N. M furnishes T with a Form 1099-DIV showing 
the trust as the payee. N does not furnish T with a Form 1099-DIV 
because N paid a dividend of less than $10 to T. X and P furnish T 
with Schedule K-1 (Shareholder's Share of Income, Credits, 
Deductions, etc.) and Schedule K-1 (Partner's Share of Income, 
Credits, Deductions, etc.), respectively, showing the trust's name, 
TIN, and address.
    (B) For the 1996 taxable year the trust has the following items 
of income and deduction:


[[Page 66089]]

Dividends paid by M . . . . . . . . . . . . . . $12
Dividends paid by N . . . . . . . . . . . . . . 6
Administrative expense . . . . . . . . . . . . $20

    Items reported by X on Schedule K-1 attributable to trust's 
shares of stock in X:

Interest . . . . . . . . . . . . . . . . . . $20
Dividends . . . . . . . . . . . . . . . . . 35

    Items reported by P on Schedule K-1 attributable to trust's 
limited partnership interest in P:

Ordinary income . . . . . . . . . . . . . $300

    (ii)(A) On or before February 28, 1997, T files with the 
Internal Revenue Service a Form 1099-DIV on which T reports 
dividends attributable to G as the owner of the trust in the amount 
of $18. T does not file any other returns.
    (B) T has complied with T's obligation under paragraph 
(b)(2)(iii)(A) of this section to file the appropriate Forms 1099.

    (6) Trusts that cannot report under this paragraph (b). The 
following trusts cannot use the methods of reporting described in this 
paragraph (b)--
    (i) A common trust fund as defined in section 584(a);
    (ii) A trust that has its situs or any of its assets located 
outside the United States;
    (iii) A trust that is a qualified subchapter S trust as defined in 
section 1361(d)(3);
    (iv) A trust all of which is treated as owned by one grantor or one 
other person whose taxable year is a fiscal year;
    (v) A trust all of which is treated as owned by one grantor or one 
other person who is not a United States person; or
    (vi) A trust all of which is treated as owned by two or more 
grantors or other persons, one of whom is not a United States person.
    (7) Grantors or other persons who are treated as owners of the 
trust and are exempt recipients for information reporting purposes--(i) 
Trust treated as owned by one grantor or one other person. The trustee 
of a trust all of which is treated as owned by one grantor or one other 
person may not report pursuant to this paragraph (b) if the grantor or 
other person is an exempt recipient for information reporting purposes.
    (ii) Trust treated as owned by two or more grantors or other 
persons. The trustee of a trust, all of which is treated as owned by 
two or more grantors or other persons, may not report pursuant to this 
paragraph (b) if one or more grantors or other persons treated as 
owners are exempt recipients for information reporting purposes 
unless--
    (A) At least one grantor or one other person who is treated as an 
owner of the trust is a person who is not an exempt recipient for 
information reporting purposes; and
    (B) The trustee reports without regard to whether any of the 
grantors or other persons treated as owners of the trust are exempt 
recipients for information reporting purposes.
    (8) Husband and wife who make a single return jointly. A trust all 
of which is treated as owned by a husband and wife who make a single 
return jointly of income taxes for the taxable year under section 6013 
is considered to be owned by one grantor for purposes of this paragraph 
(b).
    (c) Due date for Forms 1099 required to be filed by trustee. The 
due date for any Forms 1099 required to be filed with the Internal 
Revenue Service by a trustee pursuant to this section is the due date 
otherwise in effect for filing Forms 1099.
    (d) Due date and other requirements with respect to statement 
required to be furnished by trustee. The due date for the statement 
required to be furnished by a trustee to the grantor or other person 
treated as an owner of the trust pursuant to this section is the date 
specified by section 6034A(a). The trustee must maintain in its records 
a copy of the statement furnished to the grantor or other person 
treated as an owner of the trust for a period of three years from the 
due date for furnishing such statement specified in this paragraph (d).
    (e) Backup withholding requirements--(1) Trustee reporting under 
paragraph (b)(2)(i)(A) of this section. In order for the trustee to be 
able to report pursuant to paragraph (b)(2)(i)(A) of this section and 
to furnish to all payors the name and TIN of the grantor or other 
person treated as the owner of the trust, the grantor or other person 
must provide a complete Form W-9 to the trustee in the manner provided 
in paragraph (b)(1) of this section, and the trustee must give the name 
and TIN shown on that Form W-9 to all payors. In addition, if the Form 
W-9 indicates that the grantor or other person is subject to backup 
withholding, the trustee must notify all payors of reportable interest 
and dividend payments of the requirement to backup withhold. If the 
Form W-9 indicates that the grantor or other person is not subject to 
backup withholding, the trustee does not have to notify the payors that 
backup withholding is not required. The trustee should not give the 
Form W-9, or a copy thereof, to a payor because the Form W-9 contains 
the address of the grantor or other person and paragraph (b)(2)(i)(A) 
of this section requires the trustee to furnish the address of the 
trust to all payors and not the address of the grantor or other person. 
The trustee acts as the agent of the grantor or other person for 
purposes of furnishing to the payors the information required by this 
paragraph (e)(1). Thus, a payor may rely on the name and TIN provided 
to the payor by the trustee, and, if given, on the trustee's statement 
that the grantor is subject to backup withholding.
    (2) Other backup withholding requirements. Whether a trustee is 
treated as a payor for purposes of backup withholding is determined 
pursuant to section 3406 and the regulations thereunder.
    (f) Penalties for failure to file a correct Form 1099 or furnish a 
correct statement. A trustee who fails to file a correct Form 1099 or 
to furnish a correct statement to a grantor or other person treated as 
an owner of the trust as required by paragraph (b) of this section is 
subject to the penalties provided by sections 6721 and 6722 and the 
regulations thereunder.
    (g) Changing reporting methods--(1) Changing from reporting by 
filing Form 1041 to a method described in paragraph (b) of this 
section. If the trustee has filed a Form 1041 for any taxable year 
ending before January 1, 1996 (and has not filed a final Form 1041 
pursuant to Sec. 1.671-4(b)(3) (as contained in the 26 CFR part 1 
edition revised as of April 1, 1995)), or files a Form 1041 for any 
taxable year thereafter, the trustee must file a final Form 1041 for 
the taxable year which ends after January 1, 1995, and which 
immediately precedes the first taxable year for which the trustee 
reports pursuant to paragraph (b) of this section, on the front of 
which form the trustee must write: ``Pursuant to Sec. 1.671-4(g), this 
is the final Form 1041 for this grantor trust.''.
    (2) Changing from reporting by a method described in paragraph (b) 
of this section to the filing of a Form 1041. The trustee of a trust 
who reported pursuant to paragraph (b) of this section for a taxable 
year may report pursuant to paragraph (a) of this section for 
subsequent taxable years. If the trustee reported pursuant to paragraph 
(b)(2)(i)(A) of this section, and therefore furnished the name and TIN 
of the grantor to all payors, the trustee must furnish the name, TIN, 
and address of the trust to all payors for such subsequent taxable 
years. If the trustee reported pursuant to paragraph (b)(2)(i)(B) or 
(b)(3)(i) of this section, and therefore furnished the name and TIN of 
the trust to all payors, the trustee 

[[Page 66090]]
must indicate on each Form 1096 (Annual Summary and Transmittal of U.S. 
Information Returns) that it files (or appropriately on magnetic media) 
for the final taxable year for which the trustee so reports that it is 
the final return of the trust.
    (3) Changing between methods described in paragraph (b) of this 
section--(i) Changing from furnishing the TIN of the grantor to 
furnishing the TIN of the trust. The trustee of a trust who reported 
pursuant to paragraph (b)(2)(i)(A) of this section for a taxable year, 
and therefore furnished the name and TIN of the grantor to all payors, 
may report pursuant to paragraph (b)(2)(i)(B) of this section, and 
furnish the name and TIN of the trust to all payors, for subsequent 
taxable years.
    (ii) Changing from furnishing the TIN of the trust to furnishing 
the TIN of the grantor. The trustee of a trust who reported pursuant to 
paragraph (b)(2)(i)(B) of this section for a taxable year, and 
therefore furnished the name and TIN of the trust to all payors, may 
report pursuant to paragraph (b)(2)(i)(A) of this section, and furnish 
the name and TIN of the grantor to all payors, for subsequent taxable 
years. The trustee, however, must indicate on each Form 1096 (Annual 
Summary and Transmittal of U.S. Information Returns) that it files (or 
appropriately on magnetic media) for the final taxable year for which 
the trustee reports pursuant to paragraph (b)(2)(i)(B) of this section 
that it is the final return of the trust.
    (4) Example. The following example illustrates the provisions of 
paragraph (g) of this section:

    Example. (i) On January 3, 1994, G, a United States citizen, 
creates a trust all of which is treated as owned by G. The trustee 
of the trust is T. On or before April 17, 1995, T files with the 
Internal Revenue Service a Form 1041 with an attached statement for 
the 1994 taxable year showing the items of income, deduction, and 
credit of the trust. On or before April 15, 1996, T files with the 
Internal Revenue Service a Form 1041 with an attached statement for 
the 1995 taxable year showing the items of income, deduction, and 
credit of the trust. On the Form 1041, T states that ``pursuant to 
Sec. 1.671-4(g), this is the final Form 1041 for this grantor 
trust.'' T may report pursuant to paragraph (b) of this section for 
the 1996 taxable year.
    (ii) T reports pursuant to paragraph (b)(2)(i)(B) of this 
section, and therefore furnishes the name, TIN, and address of the 
trust to all payors, for the 1996 and 1997 taxable years. T chooses 
to report pursuant to paragraph (a) of this section for the 1998 
taxable year. On each Form 1096 (Annual Summary and Transmittal of 
U.S. Information Returns) which T files for the 1997 taxable year 
(or appropriately on magnetic media), T indicates that it is the 
trust's final return. On or before April 15, 1999, T files with the 
Internal Revenue Service a Form 1041 with an attached statement 
showing the items of income, deduction, and credit of the trust. On 
the Form 1041, T uses the same TIN which T used on the Forms 1041 
and Forms 1099 it filed for previous taxable years. T has complied 
with T's obligations under paragraph (g)(2) of this section.

    (h) Effective date and transition rule--(1) Effective date. The 
trustee of a trust any portion of which is treated as owned by one or 
more grantors or other persons must report pursuant to this section for 
taxable years beginning on or after January 1, 1996.
    (2) Transition rule. For taxable years beginning prior to January 
1, 1996, the Internal Revenue Service will not challenge the manner of 
reporting of--
    (i) A trustee of a trust all of which is treated as owned by one or 
more grantors or other persons who did not report in accordance with 
Sec. 1.671-4(a) (as contained in the 26 CFR part 1 edition revised as 
of April 1, 1995) as in effect for taxable years beginning prior to 
January 1, 1996, but did report in a manner substantially similar to 
one of the reporting methods described in paragraph (b) of this 
section; or
    (ii) A trustee of two or more trusts all of which are treated as 
owned by one or more grantors or other persons who filed a single Form 
1041 for all of the trusts, rather than a separate Form 1041 for each 
trust, provided that the items of income, deduction, and credit of each 
trust were shown on a statement attached to the single Form 1041.
    (i) Cross-reference. For rules relating to employer identification 
numbers, and to the obligation of a payor of income or proceeds to the 
trust to furnish to the payee a statement to recipient, see 
Sec. 301.6109-1(a)(2) of this chapter.
    Par. 3. Section 1.6012-3 is amended by revising paragraph (a)(9) to 
read as follows:


Sec. 1.6012-3  Returns by fiduciaries.

    (a) * * *
    (9) A trust any portion of which is treated as owned by the grantor 
or another person pursuant to sections 671 through 678. In the case of 
a trust any portion of which is treated as owned by the grantor or 
another person under the provisions of subpart E (section 671 and 
following) part I, subchapter J, chapter 1 of the Internal Revenue Code 
see Sec. 1.671-4.
* * * * *

PART 25--GIFT TAX; GIFTS MADE AFTER DECEMBER 31, 1954

    Par. 4. The authority citation for part 25 continues to read in 
part as follows:

    Authority: 26 U.S.C. 7805. * * *

    Par. 5. Section 25.2702-3 is amended by adding a sentence to the 
end of paragraphs (b)(1)(i) and (c)(1)(i), respectively, to read as 
follows:


Sec. 25.2702-3  Qualified interests.

* * * * *
    (b) * * *
    (1) * * * (i) * * * If the trustee reports for the taxable year 
pursuant to Sec. 1.671-4(b) of this chapter, the annuity payment must 
be made no later than the date by which the trustee would have been 
required to file the Federal income tax return of the trust for the 
taxable year (without regard to extensions) had the trustee reported 
pursuant to Sec. 1.671-4(a) of this chapter.
* * * * *
    (c) * * *
    (1) * * * (i) * * * If the trustee reports for the taxable year 
pursuant to Sec. 1.671-4(b) of this chapter, the unitrust payment must 
be made no later than the date by which the trustee would have been 
required to file the Federal income tax return of the trust for the 
taxable year (without regard to extensions) had the trustee reported 
pursuant to Sec. 1.671-4(a) of this chapter.
* * * * *

PART 301--PROCEDURE AND ADMINISTRATION

    Par. 6. The authority citation for part 301 continues to read in 
part as follows:

    Authority: 26 U.S.C. 7805. * * *

    Par. 7. Section 301.6109-1 is amended by revising paragraph (a)(2) 
to read as follows:


Sec. 301.6109-1  Identifying numbers.

    (a) * * *
    (2) A trust all of which is treated as owned by the grantor or 
another person pursuant to sections 671 through 678--(i) Obtaining a 
taxpayer identification number. If a trust does not have a taxpayer 
identification number and the trustee furnishes the name and taxpayer 
identification number of the grantor or other person treated as the 
owner of the trust and the address of the trust to all payors pursuant 
to Sec. 1.671-4(b)(2)(i)(A) of this chapter, the trustee need not 
obtain a taxpayer identification number for the trust until either the 
first taxable year of the trust in which all of the trust is no longer 
owned by the grantor or another person, or until the first taxable year 
of the trust for which the trustee no longer reports pursuant to 
Sec. 1.671-4(b)(2)(i)(A) of this chapter. If the trustee has not 
already obtained a taxpayer identification number for the trust, the 
trustee must obtain a taxpayer identification number for the trust as 
provided in paragraph (d)(2) of this 

[[Page 66091]]
section in order to report pursuant to Sec. 1.671-4(a), (b)(2)(i)(B), 
or (b)(3)(i) of this chapter.
    (ii) Obligations of persons who make payments to certain trusts. 
Any payor that is required to file an information return with respect 
to payments of income or proceeds to a trust must show the name and 
taxpayer identification number that the trustee has furnished to the 
payor on the return. Regardless of whether the trustee furnishes to the 
payor the name and taxpayer identification number of the grantor or 
other person treated as an owner of the trust, or the name and taxpayer 
identification number of the trust, the payor must furnish a statement 
to recipients to the trustee of the trust, rather than to the grantor 
or other person treated as the owner of the trust. Under these 
circumstances, the payor satisfies the obligation to show the name and 
taxpayer identification number of the payee on the information return 
and to furnish a statement to recipients to the person whose taxpayer 
identification number is required to be shown on the form.
    (iii) Persons treated as payors. For purposes of this paragraph 
(a)(2), the term payor means a person described in Sec. 1.671-4(b)(4) 
of this chapter.
* * * * *

PART 602--OMB CONTROL NUMBERS UNDER THE PAPERWORK REDUCTION ACT

    Par. 8. The authority citation for part 602 continues to read as 
follows:

    Authority: 26 U.S.C. 7805.

    Par. 9. In Sec. 602.101, paragraph (c) is amended in the table by 
revising the entry for 1.671-4 to read ``1.671-4 . . . . 1545-1442''.

Margaret Milner Richardson,
Commissioner of Internal Revenue.
    Approved: December 5, 1995:
Leslie Samuels,
Assistant Secretary of the Treasury.
[FR Doc. 95-30682 Filed 12-20-95; 8:45 am]
BILLING CODE 4830-01-U