Allocating Capital Gains to Distributable Net Income (DNI) and Allocating DNI to Charities in Estates and Trusts: Achieving Optimal Tax Treatment

February 9, 2023

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Please join Partner, Gary Altman, Chair of the Estate Tax Practice, for an upcoming webinar on “Allocating Capital Gains to Distributable Net Income (DNI) and Allocating DNI to Charities in Estates and Trusts: Achieving Optimal Tax Treatment.” Gary will provide tax professionals with a drill down into the rules and practices covering the inclusion of capital gains in DNI for trusts and estates and allocating DNI to charitable organizations, as well as how to treat required minimum distributions (RMDs) for DNI purposes. He will provide examples for provisions in trust documents to allow treating capital gains as DNI and to allocate DNI to charitable bequests. He will also explore the Maryland Income and Principal Act as it relates to including capital gains in fiduciary accounting income (FAI) where the trust's governing document does not have such a provision.

They will also review these issues:

  • What are the general requirements of IRC 643 on the treatment of capital gains and FAI?
  • How can the trust document be structured--and interpreted--to allow the inclusion of capital gains in DNI?
  • How can the trust document be structured--and interpreted--to allow DNI to be allocated to charitable bequests and distributions?