What is the tax treatment of trusts?
Trusts are a tool used to protect property and assets. In New Mexico, trusts are subject to taxation, just like any other property. The tax treatment of a trust depends on the type of trust and the circumstances surrounding the trust. Simple trusts in New Mexico are generally classified as a “pass-through” entity, meaning that the trust’s income is passed through to the beneficiaries, who must file their own taxes. The trust pays no taxes itself, but does report the income to the IRS and beneficiaries. New Mexico also has more advanced types of trusts, such as irrevocable trusts, which may be used for larger estates. In an irrevocable trust, the grantor’s control over the trust is relinquished, and the trust may be subject to a higher tax rate than a pass-through trust. In addition to income taxes, trust property may also be subject to other forms of taxation, such as estate taxes. Estate taxes in New Mexico are typically imposed when the combined value of the grantor’s assets exceeds $3.5 million. The exact tax rate will depend on the type of trust and the value of the property. It is important to consult with a qualified tax advisor to ensure that the trust is properly structured in order to minimize tax liability.
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