[WSBAPT] Tax ID for RLT that became irrevocable

[Sarah McCarthy]

Side comment- on Box 11 of the SS-4 for the EIN application, be sure to use
the date the trust became irrevocable, and not the date the RLT was
originally formed/funded. If you use the latter date, your trustee will get
a letter from the IRS indicating that trust tax returns may be due back to
the year the trust was originally formed - even though of course during the
trustors' lifetimes the trust was a disregarded entity and trust income was
reported under the Trustors' SSNs.

*Sarah O’Farrell McCarthy*


*(Pronouns: she / her)*Attorney | Kelly, Arndt & Walker, Attorneys at Law,
PLLP
6443 Harding Avenue | P.O. Box 290 | Clinton, WA  98236
Phone: (360) 341-1515 | Fax: (360) 341-3272
sarah at kawlawyers.com | www.kawlawyers.com


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On Mon, Aug 10, 2020 at 10:06 AM Roger Hawkes <Roger at law-hawks.com> wrote:

> Good queries; thanks for asking😊
>
>
>
> Roger Hawkes, WSBA # 5173
>
> *Shoreline* Office: 19944 Ballinger Way NE
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> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Krista MacLaren
> *Sent:* Monday, August 10, 2020 9:39 AM
> *To:* wsba probate & trust <wsbapt at lists.wsbarppt.com>
> *Subject:* [WSBAPT] Tax ID for RLT that became irrevocable
>
>
>
> Hi All -
>
>
>
> I want to obtain an EIN for an RLT where one of the Trustors just died, so
> the trust is now irrevocable and will continue to exist until the surviving
> spouse dies.  On the IRS tool to obtain the EIN, I assume I choose RLT as
> the entity even though it is no longer revocable?  And can anyone offer an
> opinion as to whether to take the Section 645 election?  There should not
> be a probate, as there is only one asset which is a brokerage account
> payable to the trust.  The reading I did on the election suggested there
> may not be a down side of taking the election, but I am not sure.  Also, I
> am unclear why the online tool asks questions that I do not see on the
> SS-4.  Does anyone know why that is?
>
>
>
> Thank you,
>
>
>
> Krista J. MacLaren
> Attorney at Law
> Northgate Executive Center II
> 9725 3rd Ave NE, Suite 600
> Seattle WA 98115
> (206) 523-6116
> kjm.inc at icloud.com
>
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