Levy may reach mandatory trust income distributions but not discretionary corpus

Plain-English summary

Chief Counsel considered whether the IRS could levy a trust’s corpus when the taxpayer was a trust beneficiary. The trust required its trustee to distribute all net income to the beneficiary at least quarterly, giving the beneficiary a fixed right to those payments. Under Rev. Rul. 55-210, a levy can attach to that entire income right, including later mandatory distributions. The trust did not require distributions of principal, so the beneficiary had no fixed right to the corpus and a levy would not reach discretionary principal before the trustee decided to distribute it. Once the trustee makes a discretionary distribution decision, however, the beneficiary’s resulting right becomes subject to levy. The advice also warns that the trust redirects income if the beneficiary ceases to qualify under IRC § 501(c)(3), which would end the taxpayer’s distribution right and frustrate collection from the trust.

Ruling snapshot

• Question: Can an IRS levy reach a beneficiary’s mandatory trust income and discretionary trust principal?
• Outcome: Advice given
• Key authorities: IRC § 6331; Treas. Reg. § 301.6331-1(a); Rev. Rul. 55-210

Full text (IRS public release)

ID: CCA_2023110915414148 [Third Party Communication:

UILC: 6331.18-00 Date of Communication: November 9, 2023

Number: 202514002
Release Date: 4/4/2025
From: -------------------------
Sent: Thursday, November 9, 2023 3:41:42 PM
To: -------------------
Cc: -----------------------
Bcc:
Subject: RE: ------------------------------------------------------------

-----------,

You asked whether a levy may reach the corpus of a trust when the taxpayer is a
beneficiary of the trust. You also asked if there were additional provisions in the trust
document that could complicate or jeopardize collection from the trust.

A levy by the Service can attach to distributions to --------------------------------------------------
--------------------------------- from the trust, but we see no reason that the Service would be
warranted in reaching the trust corpus. We do note that a key provision in the trust
document that may jeopardize collection of distributions requires that ------------------------
------------------------------------------------------------------------------------------------------------be a
charitable organization under I.R.C. § 501(c)(3) to continue to be a beneficiary.

Under Revenue Ruling 55-210, where a taxpayer has an “unqualified fixed right” to
receive periodic payments under a trust document, a federal tax lien “attaches to the
taxpayer’s entire right” and a notice of levy reaches distributions that have already been
made in addition to “any subsequent payments or distributions that will become due
thereunder.” Rev. Rul. 55-210; see Treas. Reg. § 301.6331-1(a).

In this case, the trust document Article 2.04(a) states that the Trustee “shall distribute all
net income of the trust, not less frequently than quarterly” to -----------------. This
language indicates that the Trustee is mandated to make distributions of the income to -
-----------------, and therefore ------------------has a right to receive the periodic income
distributions. However, there is no similar language regarding distributions of the trust
principal. While distributions of the trust income are mandated in the document, the
Trustee does not have any obligation to distribute the trust corpus, and therefore ---------
------------------does not have an unqualified right to the balance of the trust. Since ---------
--------------------fixed interest in the trust is to the income and not the principal, a “fixed
right” levy under Rev. Rul. 55-210 against ------------------would only attach to the income
distributions, and not any discretionary distributions of the trust principal. But note that
once the trustee has determined to make a discretionary distribution, -------------------------
right to that distribution also becomes subject to levy.
2

There is one potential issue regarding possible collection from the trust. Article 2.04(a)
of the trust document states that if ------------------is ever not a charitable organization
under I.R.C. § 501(c)(3), then the Trustee must select another organization with similar
goals to ------------------and distribute all income to that organization. Under this section, if
------------------ceases to be a charitable organization under Section 501(c)(3), then -------
------------------no longer has a right to distributions from the trust income. This would
make the trust assets inaccessible to any efforts to collect on --------------------tax
obligation.

Let me know if you have any further questions.

Best,

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