Treatment of funeral trusts

26 U.S.C. § 685

• Title: 26 — Internal Revenue Code
• Chapter: Subchapter J—Estates, Trusts, Beneficiaries, and Decedents
• Part: Subpart F—Miscellaneous

Text

(a) In general
In the case of a qualified funeral trust—
(1) subparts B, C, D, and E shall not apply, and
(2) no deduction shall be allowed by section 642(b).
(b) Qualified funeral trust
For purposes of this subsection, the term "qualified funeral trust" means any trust (other than a foreign trust) if—
(1) the trust arises as a result of a contract with a person engaged in the trade or business of providing funeral or burial services or property necessary to provide such services,
(2) the sole purpose of the trust is to hold, invest, and reinvest funds in the trust and to use such funds solely to make payments for such services or property for the benefit of the beneficiaries of the trust,
(3) the only beneficiaries of such trust are individuals with respect to whom such services or property are to be provided at their death under contracts described in paragraph (1),
(4) the only contributions to the trust are contributions by or for the benefit of such beneficiaries,
(5) the trustee elects the application of this subsection, and
(6) the trust would (but for the election described in paragraph (5)) be treated as owned under subpart E by the purchasers of the contracts described in paragraph (1).
A trust shall not fail to be treated as meeting the requirement of paragraph (6) by reason of the death of an individual but only during the 60-day period beginning on the date of such death.
(c) Application of rate schedule
Section 1(e) shall be applied to each qualified funeral trust by treating each beneficiary's interest in each such trust as a separate trust.
(d) Treatment of amounts refunded to purchaser on cancellation
No gain or loss shall be recognized to a purchaser of a contract described in subsection (b)(1) by reason of any payment from such trust to such purchaser by reason of cancellation of such contract. If any payment referred to in the preceding sentence consists of property other than money, the basis of such property in the hands of such purchaser shall be the same as the trust's basis in such property immediately before the payment.
(e) Simplified reporting
The Secretary may prescribe rules for simplified reporting of all trusts having a single trustee and of trusts terminated during the year.

History

(Added Pub. L. 105–34, title XIII, §1309(a), Aug. 5, 1997, 111 Stat. 1042; amended Pub. L. 105–206, title VI, §6013(b), July 22, 1998, 112 Stat. 820; Pub. L. 110–317, §9(a), (b), Aug. 29, 2008, 122 Stat. 3530.)

Editorial Notes

Editorial Notes

Amendments
2008—Subsecs. (c) to (f). Pub. L. 110–317 redesignated subsecs. (d) to (f) as (c) to (e), respectively, and struck out former subsec. (c), which related to dollar limitation on contributions to qualified funeral trusts.
1998—Subsec. (b). Pub. L. 105–206, §6013(b)(1), inserted concluding provisions.
Subsec. (f). Pub. L. 105–206, §6013(b)(2), inserted "and of trusts terminated during the year" before period at end.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment
Pub. L. 110–317, §9(c), Aug. 29, 2008, 122 Stat. 3530, provided that: "The amendments made by this section [amending this section] shall apply to taxable years beginning after the date of the enactment of this Act [Aug. 29, 2008]."

Effective Date of 1998 Amendment
Amendment by Pub. L. 105–206 effective, except as otherwise provided, as if included in the provisions of the Taxpayer Relief Act of 1997, Pub. L. 105–34, to which such amendment relates, see section 6024 of Pub. L. 105–206, set out as a note under section 1 of this title.

Effective Date
Pub. L. 105–34, title XIII, §1309(c), Aug. 5, 1997, 111 Stat. 1043, provided that: "The amendments made by this section [enacting this section] shall apply to taxable years ending after the date of the enactment of this Act [Aug. 5, 1997]."

Editorial Notes

Amendments
2003—Pub. L. 108–121, title I, §110(a)(3)(B), Nov. 11, 2003, 117 Stat. 1342, inserted ", astronauts," after "Forces" in item 692.
2002—Pub. L. 107–134, title I, §101(c)(2), Jan. 23, 2002, 115 Stat. 2429, substituted "Income taxes of members of Armed Forces and victims of certain terrorist attacks on death" for "Income taxes of members of Armed Forces on death" in item 692.