By Kevin Luu, Co-Founder and Chief Learning Officer. Reviewed on 2026-09-30.
Trust distributions are taxable to the beneficiary only to the extent they carry out the trust’s income for the year. Interest, dividends and other income that the trust distributes are taxed on the beneficiary’s return, reported to you on a Schedule K-1 (Form 1041); distributions of principal (the assets originally put into the trust) are generally not taxable. Whatever income the trust keeps, the trust pays tax on itself, at brackets that reach 37% at just $16,000 of taxable income for 2026.
For a California or Washington family earning $750,000 or more, that last point changes the usual advice. The common line is “distribute income to get it out of the trust’s compressed brackets.” When the beneficiary is already in the 37% federal bracket, distributing can cost the family more, not less. Below is how the rules work and the worked numbers.
Who usually asks this question in a high-income family
Two situations come up most often for the families we work with:
- You are the beneficiary. A parent or grandparent died and left assets in an irrevocable trust, and the trustee is sending you money or asking what you want distributed this year.
- Your children are the beneficiaries. You have set up, or are setting up, a trust for kids under 12, and you want to know who pays tax on its income now and later.
The same five rules answer both.
Rule 1: Income is taxed once, either to the trust or to you
A non-grantor trust is its own taxpayer and files Form 1041. It gets a deduction for the income it distributes, capped at its distributable net income (DNI), and the beneficiary picks up that same income. Income is not taxed twice. The trustee sends each beneficiary a Schedule K-1 (Form 1041) showing their share, and you report it on your Form 1040 (IRS Instructions for Schedule K-1, Form 1041; IRC §662).
The income keeps its character. Qualified dividends stay qualified dividends on your return; interest stays ordinary income; tax-exempt municipal bond interest stays tax-exempt for federal purposes. If you are new to reading a K-1, our guide on where K-1 income goes on your 1040 walks through the lines.
The tax the trust owes on the income it keeps is figured on Schedule G of Form 1041 (IRS Instructions for Form 1041).
Rule 2: Principal and inherited assets are not income to you
A distribution of the trust’s principal, sometimes called corpus, is generally not taxable to the beneficiary once the year’s DNI has been accounted for. The same goes for an inheritance itself: property you receive by bequest is not income on your return (IRS, Gifts and Inheritances). Assets included in the decedent’s estate also generally receive a basis equal to fair market value at death (IRC §1014), which matters when the trust later sells them.
One nuance: capital gains realized inside the trust are usually treated as principal and taxed to the trust, unless the trust document or state law allocates them to income, or the trust distributes them (for example, in its final year). Ask the trustee how the trust instrument handles gains before assuming they will land on your K-1.
Rule 3: Trust brackets are compressed, but so are yours
For 2026 the federal brackets for trusts and estates are (Rev. Proc. 2025-32, Table 5):
| Trust taxable income (2026) | Rate |
|---|---|
| $0 to $3,300 | 10% |
| $3,300 to $11,700 | 24% |
| $11,700 to $16,000 | 35% |
| Over $16,000 | 37% |
A married couple filing jointly does not hit 37% until taxable income passes $768,700 for 2026. Trusts also pay the 3.8% net investment income tax on the lesser of undistributed net investment income or adjusted gross income above the start of the top trust bracket, $16,000 for 2026, while a joint filer’s threshold is $250,000 of modified AGI (IRS, Net Investment Income Tax).
For most beneficiaries, that gap is the reason to distribute. For a household already above $768,700 of taxable income, both the trust and the household are in the 37% bracket, and the household is also over its NIIT threshold. The federal saving from distributing shrinks to almost nothing, and the state picture can make it negative.
Worked example: a Palo Alto couple inherits a share of a family trust
Assumptions (illustrative): a married couple in Palo Alto, one a Genentech scientist and one a physician, with $950,000 of federal taxable income from W-2 wages and vested RSUs, two children ages 6 and 9. A grandparent’s irrevocable trust, with an out-of-state trustee and the couple as the only current beneficiary, earns $60,000 of interest in 2026. Complex trust, $100 exemption (IRC §642(b)).
| 2026 federal tax on the $60,000 | Trust keeps it | Trust distributes it |
|---|---|---|
| Income tax | $3,851 + 37% x $43,900 = $20,094 | 37% x $60,000 = $22,200 |
| Net investment income tax (3.8%) | 3.8% x ($59,900 – $16,000) = $1,668 | 3.8% x $60,000 = $2,280 |
| Total federal | $21,762 | $24,480 |
Distributing costs this family about $2,718 more in federal tax, because the trust gets the benefit of its lower brackets on the first $16,000 and the $100 exemption, while every distributed dollar lands in the couple’s 37% bracket.
Then add state tax. Assume the couple is a noncontingent beneficiary, which the FTB describes as having an unconditional interest in the trust income or corpus. In that case California taxes the trust’s income either way: when all noncontingent beneficiaries are California residents, the trust is taxed on all of its income from all sources (Cal. Rev. & Tax. Code §17742; FTB Form 541 booklet). If the couple’s interest depends entirely on the trustee’s discretion, they may instead be treated as contingent beneficiaries; income the trust keeps may then escape current California tax, but it is taxed to them when it is later distributed (§17745). Distributed, the $60,000 falls in the couple’s 11.3% California bracket (2025 schedule; 2026 schedules are not yet published), about $6,780, plus California’s 1% Behavioral Health Services Tax on any part of California taxable income above $1,000,000. California has no lower rate for capital gains or dividends either (FTB).
The same family living in Bellevue would owe no Washington income tax on the distribution for 2026 (WA DOR). Washington has enacted a 9.9% income tax on AGI over $1,000,000 starting January 1, 2028, and how it treats trust distributions is still waiting on Department of Revenue guidance.
The takeaway is not “never distribute.” It is that for a top-bracket family, the tax reason to pull income out of a trust is weak, so the decision should rest on what the money is for: a home down payment, private school, or simply leaving it invested inside the trust, where it may also stay outside your own taxable estate and away from creditors.
Rule 4: Timing tools the trustee controls
Two rules give the trustee room after year-end:
- The 65-day election. A trustee can elect to treat distributions made in the first 65 days of the next year as made in the prior year (IRC §663(b)). This lets the trustee see the full year’s numbers, including the beneficiary’s bracket, before deciding.
- Splitting among beneficiaries. If the trust can pay more than one beneficiary, income sent to a beneficiary in a lower bracket can lower the family’s total tax. This rarely helps with young children: a child under 18 pays tax at the parents’ rate on unearned income over $2,700 for 2026 under the kiddie tax, and trust distributions count as unearned income (Form 8615 instructions).
Expect your K-1 later than your W-2. Trusts often file on extension, so build a K-1 into your own filing timeline; see when to expect your K-1.
Rule 5: Grantor trusts and GST trusts follow different rules
Grantor trusts. If the trust is a grantor trust, such as a revocable living trust, or an irrevocable trust deliberately drafted so the creator keeps certain powers, the person who created it pays the income tax, not the beneficiary or the trust (IRS Instructions for Form 1041, grantor type trusts). Many trusts parents set up for young children are drafted this way on purpose: the parents pay the tax each year, and the trust grows without that drag. When the grantor dies, a revocable trust generally becomes irrevocable and starts paying its own tax or passing income to beneficiaries.
GST trusts. Distributions from a generation-skipping trust follow the same income tax rules above. The separate generation-skipping transfer tax only applies if the trust was not fully covered by the creator’s GST exemption ($15,000,000 per person for 2026, per IRS). For a taxable distribution from a non-exempt trust, the recipient is liable for the GST tax (IRC §2603). Ask the trustee for the trust’s inclusion ratio before taking a large distribution.
Common mistakes we see
- Assuming every dollar from a trust is tax-free because “it’s an inheritance.” The year’s income share is taxable.
- Asking for income distributions to “save tax” when your household is already in the 37% bracket and over the NIIT threshold.
- Filing before the K-1 arrives, then amending.
- Forgetting that California taxes accumulated trust income when it is later distributed to a California beneficiary who was contingent while it built up (Cal. Rev. & Tax. Code §17745). Moving the trustee out of state does not by itself take the income out of California’s reach.
- Not knowing whether a trust you funded for your kids is a grantor trust, which decides whether the tax bill is yours.
The decision to make this year
- Get the trust instrument and last year’s Form 1041 and K-1. Confirm grantor or non-grantor status and how capital gains are allocated.
- Compare your projected taxable income to $768,700 (2026 joint 37% threshold). If you are above it, treat distributions as a spending decision, not a tax one.
- Agree with the trustee on what the money is for and whether the 65-day election will be used.
- Coordinate the K-1 with your own return and estimated payments, especially in a large RSU vesting year.
What to write down for your kids
If your children will one day be beneficiaries, of your trust or of their grandparents’, the hardest part for them will not be reading a K-1. It will be knowing why you took a distribution in one year and left the money alone in another. A short note each time you decide, saved in your FamilyKnowledge® Library, gives them that reasoning. As Kevin Luu puts it: “Your kids will inherit your money. Will they inherit your judgment?”
Our estate planning and tax management work at Age Five Family Office™ covers the trust and return coordination, and family governance covers documenting the decisions.
Frequently asked questions
Do I pay tax on a lump-sum distribution from my parents’ trust?
Only on the part that carries out the trust’s income for that year, as shown on your Schedule K-1 (Form 1041). The rest, a return of principal or the inheritance itself, is generally not taxable to you. A large one-time distribution can still be partly taxable if the trust had a high-income year, for example from a large interest or dividend payout.
Are capital gains in a trust taxed to the beneficiary?
Usually not. Gains realized inside a trust are typically allocated to principal and taxed to the trust, unless the trust document or state law allocates them to income, or they are distributed, often in the trust’s final year. When gains do pass through, they keep their character on your return. In California, they are taxed at ordinary rates either way.
Does a trust distribution count as income for my child’s taxes?
Yes. A distribution that carries out trust income is unearned income to the child. For 2026, a child under 18 pays no tax on the first $1,350 of unearned income, the child’s rate on the next $1,350, and the parents’ rate above $2,700, so distributing to young children rarely lowers the family’s tax. Compare with how UTMA accounts are taxed.
This article is general education, not individual tax advice. The right move depends on the trust document and the family’s full picture, so read your K-1 and trust instrument with your tax preparer before acting.
Kevin has advised high-income W-2 tech and biotech families since 2015, and leads the education-first Age Five Family Office from Brea, California.
Connect on LinkedIn → · About KevinThis is part of how we approach Estate Planning for high-income W-2 families at Bright Advisers.
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