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Question: Do I have to issue a 1099-Misc for a trustee or executor fee paid by a trust or estate?

Posted by Zinner & Co. on Feb 22, 2012 4:24:00 PM
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Answer: The reporting of 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 non-professional trustees are serving in a capacity that does not rise to the level of 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


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