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A special needs trust is a legal arrangement that provides access to funding to someone who is physically or mentally disabled or chronically ill. This trust allows for the additional financial support of an individual without potentially jeopardizing the benefits provided by public assistance programs.

In these circumstances, the Form 1041 is very simple to complete. The trustee will check the box on Form 1041 indicating that the trust is a grantor trust and provide some general information about the trust (name, address, tax identification number, and the date the trust was established).

In the case of third party special needs trusts, if the trust is considered a grantor trust, all items of income, deduction and credit are generally taxed to the individual(s) who created and funded the trust (typically parents or other relatives of the individual with a disability).

Third party special needs trusts are generally either considered ?complex trusts? or ?qualified disability trusts? for income tax purposes and the trust itself is responsible for reporting its own items of income, deduction, and credit.

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