Estates, Trusts, Beneficiaries, and Decedents
Cal. RTC § 17760.5
California Statutes
Section of the Internal Revenue Code, relating to treatment of funeral trusts, is modified as follows: (
a) Section 685(
a) of the Internal Revenue Code is modified to read: In the case of a qualified funeral trust—
(1) Subparts B, C, D, and E of Subchapter J of
Chapter of Subtitle A of the Internal Revenue Code shall not apply.
(2) No credit for personal exemption shall be allowed under
Section or
Section 17733. (
b) Section 685(
b) of the Internal Revenue Code is modified as follows:
(1) An election under
Section 685(b)(5) of the Internal Revenue Code for federal purposes shall be treated for purposes of this part as an election made by the trustee of the qualified funeral trust under
Section 685(b)(5) of the Internal Revenue Code for state purposes and a separate election under paragraph (3) of subdivision (
e) of
Section 17024.5 shall not be allowed.
(2) If the trustee of a qualified funeral trust fails to make an election under
Section 685(b)(5) of the Internal Revenue Code for federal purposes with respect to a qualified funeral trust, that trust shall be treated for purposes of this part as owned under Subpart E of the Internal Revenue Code by the purchasers of the contracts described in
Section 685(b)(1) of the Internal Revenue Code, an election under
Section 685(b)(5) of the Internal Revenue Code for state purposes with respect to that trust shall not be allowed, and a separate election under paragraph (3) of subdivision (
e) of
Section 17024.5 shall not be allowed with respect to that trust. (
c) Section 685(
d) of the Internal Revenue Code is modified to read: Subdivision (
e) of
Section shall be applied to each qualified funeral trust by treating each beneficiary’s interest in each qualified funeral trust as a separate trust. (
d) The Franchise Tax Board may, by forms and instructions, provide rules for simplified reporting of all trusts having a single trustee consistent with the rules prescribed by the Secretary of the Treasury under
Section of the Internal Revenue Code. (
e) This
section shall apply to taxable years ending after August 5, 1997. (
f) The amendments made to this
section by the act adding this subdivision shall apply to taxable years beginning on or after January 1, 1998.