Is an Irrevocable Trust required to have its own TIN, or can a SSN for the trustee be used?

Asked almost 5 years ago - Albuquerque, NM

My bank says that I must apply for an EIN for the trust in order to open an account with them. I would rather just use my Social Security number, as I am the Trustee.

Attorney answers (2)

  1. Steven J. Fromm

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . Your ssn can not be used for the Irrevocable Trust, since it needs its own identifier.
    It is a bit unusual however that you are the trustee of an irrevocable trust which I assume you created. If you have any discretionary powers to control beneficial enjoyment of beneficiaries, the trust assets would still be taxable to you for estate tax purposes. That is why a third party is generally named trustee. So I am not sure why you are employing this type of trust.
    If you are confused and the trust is in fact a "revocable" trust, then as it may be a "grantor trust" you could register it under your ss number.

    Hope this helps. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thanks.
    LEGAL DISCLAIMER
    Mr. Fromm is licensed to practice law in PA with offices in Philadelphia and Montgomery Counties. He can be reached at 215-735-2336 or at the email address listed below. He has received a 9.7 rating from AVVO and recently was featured as a 5Star Wealth Manager in the Philadelphia Magazine, November 2009 issue on page 123.
    Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.
    By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question.
    Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

  2. Justin Jay Watling

    Contributor Level 15

    Answered . Are you certain you have an irrevocable trust? If so, get the EIN/TIN.

    The irrev. trust is a new entity and it must have its own TIN. It also must file a Federal Income Tax Return annually (possibly a State Return wil be needed as well).

    If you would rather use your SSN, then you cannot use an irrevocable trust.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,334 answers this week

3,001 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

25,334 answers this week

3,001 attorneys answering