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Do I Have to Issue a 1099-Misc for a Trustee or Executor Fee Paid by a Trust or Estate?

Posted by Gary Sigman, CPA, M.Tax, PFS, AEP on Feb 22, 2012 4:24:00 PM

Reporting trustee fees by a trust on a Form 1099-Misc is not required.  The 1099-Misc is for payment of services performed in a trade or business by people not treated as employees.  

Trusts and estates are generally not treated as a “trade or business” and nonprofessional trustees are serving in a capacity that does not qualify as a “trade or business” activity for that individual.  Therefore, we generally do not issue 1099s for executor or trustee fees.

Topics: Gary Sigman, Estates, Gifts & Trusts, Ask the Expert

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