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CRT owned annuity distributions when no... Expand / Collapse
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Posted 2/16/2010 9:44:50 AM
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Client has CRT requiring untrust payout of 7% per year.  Only assets owned by the CRT consit of 3 annuities that have suffered losses during the past two years.  Distributions have been taken from the annuities each year. 

Since annuity has no income buildup inside, are these distributions considered return of capital?  Under IRC sec. 72, all distributions of an annuity to a "non-natural person" (trust) are considered ordinary income. 

Question: Since there is no income in the annuity, would these be considered return or principal, and would distributions of unitrust amount to beneficiary be considered as having been made from Corpus and therefore would be non-taxable?

Please advise

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