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Форма 5227 Інструкції

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  • Форма 5227 - Split-Interest Довіра інформація Повернення
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Department of the Treasury  
Internal Revenue Service  
2023  
Instructions for Form 5227  
Split-Interest Trust Information Return  
Section references are to the Internal Revenue Code unless  
otherwise noted.  
4947(a)(2) must file Form 5227 unless the Exception next  
applies.  
Exception. A split-interest trust described below isn't  
Future Developments  
required to file Form 5227 if:  
For the latest information about developments related to  
Form 5227 and its instructions, such as legislation enacted  
after they were published, go to IRS.gov/Form5227.  
The split-interest trust was created before May 27, 1969,  
and  
All transfers of corpus to the trust occurred before May 27,  
1969, or  
What’s New  
As to each and every transfer of corpus to the trust made  
Electronic filing. Under final regulations (T.D. 9972) issued  
in February 2023, filers are required to file Form 5227  
electronically if they file 10 or more returns in the aggregate in  
a calendar year. The regulations are effective for returns  
required to be filed for tax years ending on or after December  
31, 2023. See Where To File for more information.  
after May 26, 1969, no deduction was allowed under any of  
the sections listed in section 4947(a)(2).  
If a split-interest trust created before May 27, 1969,  
receives a contribution to corpus after May 26, 1969, for  
which a deduction is allowed under any of the sections listed  
in section 4947(a)(2), the trust will cease to qualify for the  
exception described above. In that case, the split-interest  
trust must file Form 5227 for the year when the transfer to  
corpus occurs and each subsequent year, the same as any  
split-interest trust created after May 26, 1969.  
Reminders  
Don't include social security numbers on publicly dis-  
closed forms. With the exception of the items described  
below, Form 5227 and its attachments are subject to public  
disclosure. Items not subject to disclosure include  
Note. Regulations section 1.6012-3(a)(6) references Form  
1041-B, Charitable Remainder Trust. Form 5227 replaces  
Form 1041-B. Regulations section 1.6034-1 references Form  
1041-A, U.S. Information Return Trust Accumulation of  
Charitable Amounts. Form 5227 replaces Form 1041-A for  
split-interest trusts.  
Schedule A (and any related early termination agreement);  
Schedule K-1; any K-1 continuation pages and transmittals;  
the trust agreement; trust amendments; Form 926, Return by  
a U.S. Transferor of Property to a Foreign Corporation; Form  
8582, Passive Activity Loss Limitations; Form 8621,  
Information Return by a Shareholder of a Passive Foreign  
Investment Company or Qualified Electing Fund; and any  
attachment that references contributor or donor information.  
Which Parts To Complete  
The term “split-interest trust” refers to trusts of various types.  
See the Definitions section of these instructions below.  
Certain parts of Form 5227 apply exclusively to a particular  
type of split-interest trust (such as a charitable remainder  
trust, also referred to as a “section 664 trust”). Parts or lines  
that apply exclusively to a particular type of split-interest trust  
are identified in these instructions and on Form 5227 with a  
parenthetical identifying the type of trust to which the part or  
line applies. Parts or lines that aren't indicated as applying to  
a particular type of split-interest trust should be completed by  
every type of split-interest trust with one exception. Parts VII  
and VIII aren't completed by a charitable remainder or  
charitable lead trust whose charitable interests involve only  
war veterans' posts or cemeteries (as described in sections  
170(c)(3) and 170(c)(5)).  
General Instructions  
Purpose of Form  
Use Form 5227 to:  
Report the financial activities of a split-interest trust,  
Provide certain information regarding charitable  
deductions and distributions of or from a split-interest trust,  
and  
Determine if the trust is treated (for chapter 42 excise tax  
purposes) as a private foundation and subject to certain  
excise taxes under chapter 42.  
Form 5227 is open to public inspection.  
Use Schedule A of Form 5227 to report:  
Definitions  
Split-interest trust. A split-interest trust is a trust that:  
Accumulations of income for charitable remainder trusts,  
Distributions to noncharitable beneficiaries/recipients, and  
Information about donors and assets contributed during  
Is not exempt from tax under section 501(a);  
the year.  
Has some unexpired interests that are devoted to  
Schedule A of Form 5227 isn't open for public  
inspection.  
purposes other than religious, charitable, or similar purposes  
described in section 170(c)(2)(B); and  
Has amounts transferred in trust after May 26, 1969, for  
Who Must File  
which a deduction was allowed under one of the sections  
listed in section 4947(a)(2).  
All charitable remainder trusts described in section 664 must  
file Form 5227. All pooled income funds described in section  
642(c)(5) and all other trusts such as charitable lead trusts  
that meet the definition of a split-interest trust under section  
A split-interest trust is subject to many of the same  
requirements and restrictions that are imposed on private  
foundations.  
Dec 15, 2023  
Cat. No. 13228E  
The most common forms of a split-interest trust include  
the following.  
allows for deferral of the unitrust payment (as described  
above), but does not provide for deferred distributions to be  
made up in future years.  
Note. The terms “section 664 trust” and “CRT” are general  
references to charitable remainder trusts. These terms  
include CRATs and CRUTs.  
Pooled income fund. This is a split-interest trust described  
in section 642(c)(5), which is created and administered by a  
charitable organization described in section 170(b)(1)(A)  
(other than in clauses (vii) or (viii)). Donors to the fund  
receive a lifetime income interest, based upon the rate of  
return earned by the trust (or such other rate as may be  
prescribed for a trust in existence for less than 3 years). Upon  
the death of the donor and the termination of their income  
interest, the charitable organization becomes entitled to the  
portion of the trust corpus attributable to the donor’s  
contribution, free of trust.  
Recipient. A recipient is a beneficiary who receives the  
possession or beneficial enjoyment of the unitrust or annuity  
amount.  
Foundation manager. A foundation manager is an officer,  
director, or trustee (or an individual who has powers or  
responsibilities similar to those of officers, directors, or  
trustees). In the case of any act or failure to act, the term  
“foundation manager” may also include an employee of the  
trust who has the authority to act.  
Charitable lead trust. This is a split-interest trust that  
annually pays a fixed annuity or unitrust amount to a  
charitable organization for the lead period specified in the  
trust instrument. The lead period may be a term of years or it  
may be a period determined by the lifetime of one or more  
individuals, as described in Regulations sections  
1.170A-6(c), 20.2055-2(e)(2)(vi) and (vii), and  
25.2522(c)-3(c)(2)(vi) and (vii). The donor to the trust will  
have been allowed a deduction under one of the sections  
listed in section 4947(a)(2). At the end of the lead period,  
annual payments to the charitable organization cease, and  
the remaining corpus becomes payable, outright or in trust, to  
a noncharitable (private) beneficiary.  
Charitable remainder annuity trust (CRAT). This is a  
split-interest trust described in section 664(d)(1). It pays a  
fixed dollar (annuity) amount, at least annually, to one or  
more recipients, at least one of which isn't a charitable  
organization. The annuity amount must be at least 5%, but  
cannot exceed 50%, of the initial net fair market value (FMV)  
of all property contributed to corpus, subject to the further  
requirement that the remainder interest in the trust (measured  
at the time property is transferred to the trust) must have a  
value of at least 10% of the FMV of the initial trust corpus.  
Payments to the recipient continue for a period of years. The  
period, if stated as a specific number, cannot exceed 20  
years. The period can also be determined by the lifespan of  
one or more recipients. Whether the period is a fixed number  
of years, or is measured by an individual’s lifespan, the value  
of the remainder interest must be at least 10% of the FMV of  
the property transferred to the trust (as explained above).  
Upon termination of the recipient’s entitlement to the annuity  
amount, the remainder interest is transferred to, or is used by,  
a charitable organization described in section 170(c), or  
qualified employer securities are transferred to an employee  
stock ownership plan.  
Disqualified person. A disqualified person is any of the  
following.  
1. A substantial contributor.  
2. A foundation manager.  
3. A person who owns more than 20% of a corporation,  
partnership, trust, or unincorporated enterprise, which is itself  
a substantial contributor.  
4. A member of the family of an individual in the first three  
categories.  
Charitable remainder unitrust (CRUT). This is a  
5. A corporation, partnership, trust, or estate in which  
persons described in (1), (2), (3), or (4) above own a total  
beneficial interest of more than 35%.  
split-interest trust described in section 664(d)(2). It is similar  
in many respects to a CRAT except that the amount payable  
to the recipient annually (the unitrust amount) is a fixed  
percentage (not less than 5% but not more than 50%) of the  
net FMV of the trust’s assets, subject further to the  
6. For purposes of section 4943 (excess business  
holdings), a disqualified person also includes:  
a. A private foundation which is effectively controlled  
(directly or indirectly) by the same persons who control  
the trust in question, or  
requirement described above that the remainder interest  
must have a value of at least 10% of the value of the initial  
trust corpus, determined at the time property is transferred to  
the trust. Because the unitrust amount is calculated annually  
based upon the FMV of trust corpus, and isn't a fixed amount  
determined upon the creation of the trust, the trustee must  
determine the FMV of the assets of the trust annually. Upon  
termination of the recipient’s entitlement to payments of the  
unitrust amount, the remainder interest is transferred to, or is  
used by, a charitable organization described in section  
170(c), or qualified employer securities are transferred to an  
employee stock ownership plan. The trust agreement for a  
CRUT may allow the trustee to distribute less than the full  
unitrust amount in years when the trust income (as defined  
under section 643(b)) is less than the unitrust amount. A  
Net-Income Makeup Charitable Remainder Unitrust  
b. A private foundation substantially all of the  
contributions to which were made (directly or indirectly)  
by the same person or persons described in (1), (2), or  
(3) above, or members of their families, within the  
meaning of section 4946(d), who made (directly or  
indirectly) substantially all of the contributions to the trust  
in question.  
7. For purposes of section 4941 (self-dealing), a  
disqualified person also includes certain government  
officials. (See section 4946(c) and the related regulations.)  
Photographs of Missing Children  
The Internal Revenue Service is a proud partner with the  
Photographs of missing children selected by the Center may  
appear in instructions on pages that would otherwise be  
blank. You can help bring these children home by looking at  
the photographs and calling 1-800-THE-LOST  
(NIMCRUT) is a charitable remainder unitrust that allows  
payment of the unitrust amount to be deferred in years when  
the unitrust amount exceeds trust income, with the deferred  
distributions being made up in a later year when the trust has  
sufficient income. A Net Income Charitable Remainder  
Unitrust (NICRUT) is a charitable remainder unitrust that  
(1-800-843-5678) if you recognize a child.  
2
Instructions for Form 5227  
Phone Help  
When To File  
If you have questions and/or need help completing this form,  
please call 877-829-5500. This toll-free telephone service is  
available Monday through Friday.  
For calendar year 2023, file Form 5227 by April 15, 2024. In  
the case of a final short-year period, the return is due by the  
15th day of the 4th month following the date of the trust's  
termination.  
Additional Information  
Extension of time to file. Use Form 8868 to request an  
automatic extension of time to file. The request for an  
automatic extension must be filed by the due date of the  
return.  
For additional information on private foundations and  
foundation managers, visit  
Other Forms You May Have To File  
Where To File  
You may also be required to file one or more of the following  
forms.  
Mandatory electronic filing. A filer required to file at least  
10 returns of any type during the calendar year ending with or  
within the tax year must file their returns electronically.  
“Returns” for purposes of these instructions include  
information returns (for example, Forms W-2 and Forms  
1099), income tax returns, employment tax returns (including  
quarterly Forms 941, Employer's Quarterly Federal Tax  
Return), and excise tax returns. The failure to file a return  
electronically when required is deemed a failure to file the  
return even if the filer submits a paper return.  
Form 56, Notice Concerning Fiduciary Relationship.  
Form 1041, U.S. Income Tax Return for Estates and Trusts.  
Form 1041-ES, Estimated Income Tax for Estates and  
Trusts.  
Form 4720, Return of Certain Excise Taxes Under  
Chapters 41 and 42 of the Internal Revenue Code.  
Form 8275, Disclosure Statement. Use this form to  
disclose items or positions (except those contrary to a  
regulation—see Form 8275-R, next) that aren't otherwise  
adequately disclosed on the tax return. The disclosure is  
made to avoid parts of the accuracy-related penalty for  
disregard of rules or substantial understatement of tax. Form  
8275 is also used for disclosures relating to preparer  
penalties for understatements due to unrealistic positions or  
for willful or reckless conduct.  
Waivers and exemptions. On a year-by-year and  
form-by-form basis, the IRS may waive the requirement to file  
electronically in cases of undue hardship. In certain  
circumstances, a filer may be administratively exempt from  
the requirement to file electronically. The filer should keep  
documentation supporting their undue hardship or other  
applicable reason for not filing electronically in the filer's  
records. For more information about mandatory electronic  
filing, waivers, and exemptions, see Regulation section  
301.6011-13.  
Form 8275-R, Regulation Disclosure Statement. Use this  
form to disclose any item on a tax return for which a position  
has been taken that is contrary to Treasury regulations.  
Form 8822-B, Change of Address or Responsible  
Party—Business.  
U.S. address. If you use the U.S. Postal Service, and are  
located in the United States, file Form 5227 at the following  
address:  
Form 8868, Application for Automatic Extension of Time To  
File an Exempt Organization Return or Excise Taxes Related  
to Employee Benefit Plans.  
Form 8870, Information Return for Transfers Associated  
Department of the Treasury  
Internal Revenue Service Center  
Ogden, UT 84201-0027  
With Certain Personal Benefit Contracts.  
Form 8886, Reportable Transaction Disclosure Statement.  
Getting tax forms, instructions, and publications. Go  
to IRS.gov/Forms to download current and prior-year forms,  
instructions, and publications.  
Outside the United States If you use a designated Private  
Delivery Service (or are located outside the United States in  
a foreign country or a U.S. territory), file Form 5227 at this  
address:  
Ordering tax forms, instructions, and publications.  
Go to IRS.gov/OrderForms to order current forms,  
instructions, and publications; call 800-829-3676 to order  
prior-year forms and instructions. Your order should arrive  
within 10 business days.  
Internal Revenue Service Center  
1973 Rulon White Blvd.  
M/S 6054  
Period To Be Covered by Return  
Ogden, UT 84201  
File Form 5227 for each calendar year. This revision of the  
form is for the 2023 calendar year.  
Private delivery services (PDSs). Tax-exempt  
Accounting Methods  
organizations can use certain PDSs designated by the IRS to  
meet the “timely mailing as timely filing” rule for tax returns.  
Go to IRS.gov/PDS for the current list of designated services.  
Trust income must be computed using the method of  
accounting regularly used in keeping the trust's books and  
records. Generally, permissible methods include the cash  
method, the accrual method, or any other method authorized  
by the Internal Revenue Code. The method used must clearly  
reflect income.  
The PDS can tell you how to get written proof of the  
mailing date.  
PDSs deliver to:  
Internal Revenue Service Center  
1973 Rulon White Blvd.  
M/S 6054  
Unless otherwise allowed by law, the trust may not change  
the accounting method used to report income (for income as  
a whole or for any material item) without first getting consent  
on Form 3115, Application for Change in Accounting Method.  
See Pub. 538, Accounting Periods and Methods, for more  
details.  
Ogden, UT 84201  
3
Instructions for Form 5227  
 
PDSs can’t deliver items to P.O. boxes. You must use  
the U.S. Postal Service to mail any item to an IRS  
P.O. box address.  
Attachments  
!
If you need more space, attach separate sheets showing the  
same information in the same order as on the printed form.  
Show the totals on the printed form.  
CAUTION  
Penalty for Failure To File Timely,  
Completely, or Correctly  
Enter the trust's name and employer identification number  
on each sheet. Also, use sheets that are the same size as the  
forms and indicate clearly the line of the printed form to which  
the information relates.  
The failure-to-file penalty under section 6652(c)(2)(C) is  
imposed on a split-interest trust unless the failure is due to  
reasonable cause. The penalty is imposed on the trust for  
failure to:  
Specific Instructions  
Heading Items  
Timely file a return,  
File a complete return, or  
Furnish correct information.  
The penalty is $20 for each day the failure continues with a  
Item A. Trust and trustee names and address  
maximum of $12,000 for any one return. However, if the trust  
has gross income greater than $302,000, the penalty is $120  
for each day the failure continues with a maximum of $60,000  
for any one return.  
Complete the information called for in the name of the trust a  
exactly as it appears on Form SS-4, Application for Employer  
Identification Number. The name of the person or institution  
currently serving as trustee, should be entered in the lines  
below the name of the trust.  
The IRS may make a written demand that the delinquent  
return be filed or information be furnished specifying a time to  
comply with the demand. If the trustee fails to comply with the  
demand by the specified date, the trustee will be charged a  
penalty of $10 for each day the failure continues with a  
maximum of $6,000 for any one return.  
Include the suite, room, or other unit number after the  
street address. If the Post Office does not deliver mail to the  
street address and the trustee has a P.O. box, show the box  
number instead.  
If you receive mail for the trust in care of a third party (such  
as an accountant or an attorney), enter on the street address  
line “C/O” followed by the third party's name and street  
address or P.O. box.  
If the trustee required to file the return knowingly fails to file  
the return, the same penalty that is imposed on the trust will  
also be imposed on such trustee. Also, penalties for filing a  
false or fraudulent return apply.  
Item B. Employer Identification Number (EIN)  
Trust Instrument  
Every trust that completes this return must have an EIN. You  
can use one of the following methods to apply for an EIN.  
When you file the first return for a charitable remainder  
annuity trust or unitrust, or charitable lead annuity or unitrust,  
include:  
Online—Go to IRS.gov/EIN. The EIN is issued immediately  
once the application information is validated.  
By mailing or faxing Form SS-4.  
1. A copy of the trust instrument, and  
2. A written declaration under penalties of perjury that it is  
Note. The online application process isn't yet available for  
a true and complete copy.  
trusts with addresses in foreign countries.  
For sample forms of trusts that meet the requirements of a  
charitable remainder unitrust, see Rev. Procs. 2005-52  
through 2005-59, 2005-2 C.B. 326, 339, 353, 367, 383, 392,  
402, and 412.  
Item C. Type of Entity  
Check the appropriate box to indicate the type of trust. See  
Definitions in the General Instructions, earlier, for detailed  
descriptions of the types of split-interest trusts that file Form  
5227.  
For sample forms of trusts that meet the requirements of a  
charitable remainder annuity trust, see Rev. Procs. 2003-53  
through 2003-60, 2003-2 C.B. 230, 236, 242, 249, 257, 262,  
268, and 274.  
Item D. Fair Market Value (FMV) of Assets  
Enter the FMV of trust assets at the end of the tax year.  
For sample forms of trusts that meet the requirements of  
an inter vivos grantor or nongrantor charitable lead annuity  
trust, see Rev. Proc. 2007-45, 2007-29 I.R.B. 89. For a  
sample form of a trust that meets the requirements of a  
testamentary charitable lead annuity trust, see Rev. Proc.  
2007-46, 2007-29 I.R.B. 102, and Rev. Proc. 2016-42,  
2016-2 C.B. 269.  
Item E. Gross Income  
Enter the trust's gross income for the tax year. Gross income  
is all income from whatever source derived, including:  
Interest,  
Dividends,  
Rents (such as the amount on line 3 of Schedule E (Form  
1040)),  
Rounding Off to Whole Dollars  
Royalties (such as the amount on line 4 of Schedule E  
You may round off cents to whole dollars on your return and  
attached statements. If you do round dollars, you must round  
all amounts. To round, drop amounts under 50 cents and  
increase amounts from 50 to 99 cents to the next dollar. For  
example, $1.39 becomes $1 and $2.50 becomes $3.  
(Form 1040)),  
Gross income derived from business (such as the amount  
on line 7 of Schedule C (Form 1040)), and  
Gains (not losses) derived from dealings in property  
(figured on each transaction).  
If you have to add two or more amounts to figure the  
amount to enter on a line, include cents when adding the  
amounts and round off only the total.  
4
Instructions for Form 5227  
 
Item F. Initial Return, Final Return, Amended  
Return; or Change of Name or Address  
Initial return. Check this box if this is the initial return for the  
split-interest trust. Charitable remainder trusts must also  
complete Part IX, line 13 and attach a copy of the trust  
instrument.  
Final return. Check this box if this is a final return because  
the trust has terminated. If the trust or a recipient's interest in  
the trust has terminated, check the “Final K-1” box at the top  
of the Schedule K-1 (Form 1041).  
For charitable remainder trusts. If you check the final  
return box, be sure to answer the questions for Part IX, lines  
15a-c and complete Part III, line 3 if you answered “Yes” to  
Part IX, line 15b.  
Amended return. If you are filing an amended 2023 Form  
5227, check the “Amended return” box. Complete the entire  
return and correct the appropriate lines with the new  
information. On an attachment, explain the reason for the  
changes and identify the lines and amounts being changed.  
For charitable remainder trusts. If the amended return  
results in a change to income, or a change in distribution of  
any income or other information provided to a recipient, an  
amended Schedule K-1 (Form 1041) must be filed with the  
amended Form 5227 and a copy given to each recipient.  
Check the “Amended K-1” box at the top of the Schedule K-1  
(Form 1041).  
Change of name or address. If there has been a change in  
the trustee's name or address from the one used on the prior  
year's return (including a change to an “in care of” name and  
address), check the appropriate box(es).  
If the address shown on Form 5227 changes after you file  
the form (including a change to an “in care of” name and  
address), file Form 8822-B to notify the IRS of the change.  
Line 2b. Qualified dividends. Report on this line all  
qualified dividends received by the trust. In general, a  
qualified dividend is a dividend received during the tax year  
from (a) a domestic corporation, or (b) a qualified foreign  
corporation. A qualified dividend does not include any  
dividend from a corporation if the corporation is (or was)  
exempt from income tax under section 501 or 521 for the  
corporation's current or preceding tax year during which the  
distribution was made.  
Generally, these dividends are reported to the trust in  
box 1b of Form(s) 1099-DIV, Dividends and Distributions.  
Qualified dividends are treated as a separate class of  
ordinary income for purposes of ordering distributions. See  
Ordering Rules for Ordinary Income, later, for more  
information on distributions. See Pub. 550 for additional  
information on qualified dividends, including holding period  
requirements.  
Line 3. Business income or (loss). If the trust operated a  
business, report the income and expenses on Schedule C  
(Form 1040), Profit or Loss From Business. Enter the net  
profit or loss from Schedule C on line 3. (Section 664 trusts,  
see Part VIII, Line 7, later).  
Line 4. Rents, royalties, partnerships, other estates and  
trusts, etc. Use Schedule E (Form 1040), Supplemental  
Income and Loss, to report the trust's income or losses from  
rents, royalties, partnerships, S corporations, other estates  
and trusts, and REMICs. Enter the net profit or loss from  
Schedule E on line 4. See the Instructions for Schedule E  
(Form 1040) for reporting requirements. If the trust received a  
Schedule K-1 from a partnership, S corporation, or other  
flow-through entity, use the corresponding lines on Form  
5227 to report the interest, dividends, capital gains, etc., from  
the flow-through entity. (Section 664 trusts, see Part VIII,  
Line 7, later).  
Line 5. Farm income or (loss). If the trust operated a farm,  
use Schedule F (Form 1040), Profit or Loss From Farming, to  
report farm income and expenses. Enter the net profit or loss  
from Schedule F on line 5. (Section 664 trusts, see Part VIII,  
Line 7, later).  
Item G. Date Trust Created  
Enter the date the trust was created. This is generally the  
date the trustee first received property to administer under  
the terms of the trust document.  
Part I. Income and Deductions  
Section A—Ordinary Income  
Report the trust's ordinary income on lines 1 through 7.  
Line 1. Interest income. Report all taxable interest income  
that was received by the trust. Examples of taxable interest  
include interest from:  
Note. If the trust has farm rental income and expenses  
based on crops or livestock produced by a tenant, report the  
income and expenses on Schedule E (Form 1040) and  
include it on line 4. Don't use Form 4835, Farm Rental  
Income and Expenses, or Schedule F (Form 1040) to report  
such income and expenses and don't include the net profit or  
(loss) from such income and expenses on line 5.  
Line 6. Ordinary gain or (loss). Enter from Form 4797,  
Sales of Business Property, the gain or loss from the sale or  
exchange of property (other than capital assets) and also  
from involuntary conversions (other than casualty or theft).  
For more information, see the Instructions for Form 4797.  
Line 7. Other income. List any other item and its amount  
that is includible in gross income but not included on lines 1  
through 6 (or Section B), on the dashed line to the left of the  
entry space. If more space is needed, attach a statement.  
Enter the total of these items in the entry space to the right.  
Accounts (including certificates of deposit and money  
market accounts) with banks, credit unions, and thrifts;  
Notes, loans, and mortgages;  
U.S. Treasury bills, notes, and bonds;  
U.S. savings bonds;  
Original issue discount; and  
Income received as a regular interest holder of a real  
estate mortgage investment conduit (REMIC).  
For taxable bonds acquired after December 31, 1987,  
amortizable bond premium is treated as an offset to the  
interest income instead of as a separate interest deduction.  
See Pub. 550, Investment Income and Expenses.  
Line 2a. Ordinary dividends. Enter on line 2a the total of  
all ordinary dividends, including the qualified dividends  
reported on line 2b.  
Section B—Capital Gains (Losses)  
Use Schedule D (Form 1041), Capital Gains and Losses, as  
directed below. You may also need to complete Form 8949,  
Sales and Other Dispositions of Capital Assets. Lines 15 and  
5
Instructions for Form 5227  
16 of Schedule D (Form 1041) applies only to a charitable  
remainder trust (section 664 trust).  
Line 9. Total short-term capital gain or (loss). Complete  
lines 1a through 5 and line 7 of the 2023 Schedule D (Form  
1041). Don't make an entry on line 6 of Schedule D (Form  
1041). Enter the amount from line 7 of the Schedule D (Form  
1041) on line 9.  
Line 21. Attached statement. List any other deductible  
expense that is attributable to the gross income of the trust  
and isn't included on lines 17 through 20 and line 23 and  
show the amount of the deduction. Total the amounts listed  
and enter the total on line 21.  
Line 23. Charitable Deduction  
Line 10. Total long-term capital gain or (loss). Complete  
lines 8a through 14 and line 16 of the 2023 Schedule D (Form  
1041). Don't make an entry on line 15 of Schedule D (Form  
1041). Enter the amount from line 16 of Schedule D (Form  
1041) on line 10.  
Enter the amount of any charitable deduction or other  
deduction taken under section 642(c) for the tax year.  
Section E—Deductions Allocable to Income  
Categories (Section 664 trust only)  
Deductions are allocated as follows.  
1. Allowable deductions directly attributable to one or  
more classes of income items (that is, interest, dividends, or  
rents) or corpus are allocated to such income classes or  
corpus.  
2. Allowable deductions not allocated under (1) above  
are allocated on the basis of gross income after directly  
attributable deductions, to the extent of such income.  
For section 664 trusts only. Line 10 is the total of all  
classes (described below) of long-term capital gain. The  
following is a summary of the classes.  
28% long-term capital gain class. This class consists of  
collectibles gains and losses and the taxable gain (but not  
more than the section 1202 exclusion) on the sale or  
exchange of qualified small business stock. Enter these  
gains or losses on line 12.  
Section 1250 long-term capital gain class. This class  
consists of unrecaptured section 1250 gain (generally the  
part of real estate capital gain attributable to depreciation) on  
sales, exchanges, etc., of assets held more than 1 year.  
Undistributed, unrecaptured section 1250 gain on sales,  
exchanges, etc., after May 6, 1997, is included in this class.  
Enter this gain on line 11.  
3. Deductions not allocated under either (1) or (2) above  
may be allocated in any manner.  
Add the deductions that were allocated to all the classes  
of income items within each category and enter the amount  
on the appropriate line. (Note. Any deduction allocated to  
corpus isn't shown on any line in Section E.)  
For a discussion of the allocation of deductions to  
tax-exempt income, see Allocation of Deductions for  
Tax-Exempt Income in the Instructions for Form 1041.  
All other long-term capital gain class. This class  
consists of all other gains or losses from sales, exchanges,  
and conversions (including installment payments received) of  
assets held more than 12 months.  
Section C—Nontaxable Income  
Part II. Schedule of Distributable  
Income (Section 664 trust only)  
In this section, include other income that isn't included in  
Section A or B. This section includes income excluded under  
Subtitle A, Chapter 1, Subchapter B, Part III, of the Internal  
Revenue Code, such as interest on state and municipal  
bonds.  
Report the income (both current and cumulative undistributed  
income) of the trust for purposes of determining the character  
of distributions in three categories.  
1. Ordinary income.  
2. Capital gains and losses.  
3. Nontaxable income.  
Section D—Deductions  
For Section 664 Trusts  
Include all allowable deductions and any expense that would  
be allowable but for the fact that it must be allocated to  
tax-exempt income. No deduction is ever allowed for:  
A loss in any one of the three categories may not be used  
to reduce a gain in any other category. For example, a capital  
loss may not be used to reduce ordinary income. However, a  
loss in any one category may be used to reduce  
The personal exemption under section 151 (see section  
642(b)),  
undistributed gain for earlier years within that same category,  
and any excess may be carried forward to reduce gain in  
future years within that same category.  
Charitable contributions under section 170(a) (see section  
642(c)),  
Net operating losses under section 642(d),  
For information on recordkeeping for long-term capital  
gains or ordinary income, see the Capital Gains Distribution  
Worksheet or the Ordinary Income Distribution Worksheet,  
later.  
Net investment income (NII). Beginning in 2013,  
charitable remainder trusts must begin tracking Excluded  
Income and NII received and distributed. For 2013 and later  
years, columns (a), (b), and (c) of Part II, line 1, have been  
divided into NII and Excluded Income.  
Income distribution deductions under section 661,  
Capital loss carryforwards under section 1212,  
Federal income taxes, or  
Federal excise taxes under chapter 42.  
Any expense that isn't deductible in determining taxable  
income (or not otherwise deductible but for the fact that it  
must be allocated to nontaxable income) must be allocated  
to corpus.  
The term “Excluded Income” is income received (or losses  
incurred) by the charitable remainder trust not taken into  
account in computing NII. For charitable remainder trusts  
(CRTs) in existence before 2013, all undistributed income as  
of the end of 2012 is Excluded Income. For 2013 and later  
years, the CRT must determine whether the items of income,  
For Split-Interest Trusts Other Than Section 664  
Trusts  
Include all expenses attributable to gross income that are  
deductible for the tax year.  
6
Instructions for Form 5227  
   
gain, loss, and deduction reported on sections A through D of  
Part I constitute NII or Excluded Income.  
Don't merely enter the category (that is, religious,  
charitable, scientific, literary, or educational). The purpose of  
the deduction must be entered as shown in the examples in  
Section A.  
Line 1. Enter the amounts of undistributed Excluded Income  
and undistributed accumulated NII from post-2012 tax years.  
Part IV. Balance Sheet  
Line 2. Allocate the items of income or loss from the current  
year between Excluded Income and NII.  
Complete the balance sheet using the accounting method  
the trust uses in keeping its books and records. All filers must  
complete columns (a) and (b). Also, all charitable remainder  
unitrusts must complete column (c). A charitable lead unitrust  
may, but isn't required to, show the FMV of its assets in  
column (c).  
The allocation of items of income or loss from the  
current year between Excluded Income and NII  
!
CAUTION  
should be reported on line 2 after the application of  
the gain and loss netting rules outlined in Part III of  
Schedule A, later. In certain situations, NII losses may reduce  
Excluded Income due to the netting rules. Therefore, those  
rules should be applied before entering amounts on line 2.  
Enter the end-of-year book value where space is provided  
to the left of column (a) to report receivables and the related  
allowance for doubtful accounts or depreciable assets and  
accumulated depreciation. Enter the net amounts in column  
(b).  
Note. If the CRT elects to use the Simplified Net Investment  
Income Calculation, then report all income or loss from Part I  
in the Excluded Income column and leave the NII column  
empty. See the instructions for the Simplified Net Investment  
Income Calculation Election in Part II of Schedule A, later.  
Column (c)  
In computing the net FMV of the unitrust's assets, take into  
account all assets and liabilities without regard to whether  
particular items are taken into account in determining the  
income of the trust. The net FMV of the trust's assets may be  
determined on any one date during the tax year of the trust,  
or by taking the average of valuations made on more than  
one date during the tax year of the trust, as long as the same  
valuation date or dates and valuation methods are used each  
year. See Regulations section 1.664-3.  
Part III. Distributions for Charitable  
Purposes  
Section A—Distributions of Principal  
Line 2. Provide the information requested for columns A  
through C and enter the amount on the line to the right. In  
column C, list in sufficient detail each class of activity for  
amounts paid out of principal to the same payee for  
charitable purposes.  
Examples. “Cash payments to buy library material” or  
“Grant, paid in cash, to equip the chemistry lab at Magnolia  
University.”  
Line 1. Cash—non-interest-bearing. Enter the amount of  
cash on deposit in checking accounts, deposits in transit,  
change funds, petty cash funds, or any other  
non-interest-bearing account. Don't include advances to  
employees or officers or refundable deposits paid to  
suppliers or others.  
Don't merely enter the category (that is, religious,  
charitable, scientific, literary, or educational). The purpose of  
the deduction must be entered as shown in the examples  
above.  
Line 2. Savings and temporary cash investments. Enter  
the total of cash in savings or other interest-bearing accounts  
and temporary cash investments, such as money market  
funds, commercial paper, certificates of deposit, U.S.  
Treasury bills, or other governmental obligations that mature  
in less than 1 year.  
Line 3. Accounts receivable. Enter the total accounts  
receivable (reduced by the corresponding allowance for  
doubtful accounts) that arose from the sale of goods and/or  
the performance of services. Claims against vendors or  
refundable deposits with suppliers or others may be reported  
here if not significant in amount. (Otherwise, report them on  
line 12.) Any receivables due from officers, directors,  
trustees, foundation managers, or other disqualified persons  
must be reported on line 4. Receivables (including loans and  
advances) due from other employees should be reported on  
line 12.  
Section B—Accumulated Income Set Aside and  
Income Distributions for Charitable Purposes  
Complete Section B of Part III if any of the following apply.  
The trust claimed a deduction in a prior year under section  
642(c) for an amount permanently set aside and at the  
beginning of the year the set aside amount was not fully  
distributed.  
The trust claimed a deduction during the year under  
section 642(c) whether the amount was set-aside or paid.  
The trust made payment for charitable purposes during the  
year but claimed the section 642(c) deduction in the prior  
year.  
The trust is treated as a grantor trust and made a payment  
Line 4. Receivables due from officers, directors, trust-  
ees, and other disqualified persons. Enter here (and in  
an attached statement described below) all receivables due  
from officers, directors, trustees, and other disqualified  
persons and all secured and unsecured loans (including  
advances) to such persons.  
for charitable purposes during the year, and the grantor  
(during the year or a prior year) claimed a charitable  
deduction as described in Regulations section 1.170A-6(c)  
upon contribution to the trust.  
Note. The grantor trust completes only lines 7, 8, and 9 for  
this part.  
Attached statement.  
Line 7. Provide the information requested for columns A  
through C and enter the amount on the line to the right. In  
column C, list in sufficient detail each class of activity to the  
same payee for charitable purposes for amounts distributed  
in which a section 642(c) deduction was claimed.  
1. In the required statement, report each loan separately,  
even if more than one loan was made to the same person, or  
the same terms apply to all loans made.  
7
Instructions for Form 5227  
Salary advances and other advances for personal use and  
benefit, and receivables subject to special terms or arising  
from transactions not functionally related to the trust's  
charitable purposes must be reported as separate loans for  
each officer, director, etc.  
2. Receivables that are subject to the same terms and  
conditions (including credit limits and rate of interest) as  
receivables due from the general public and that arose in  
connection with an activity functionally related to the trust's  
charitable purposes may be reported as a single total for all  
the officers, directors, etc. Travel advances made in  
connection with official business of the trust may also be  
reported as a single total.  
held at the end of the year and shows whether the security is  
listed at cost (including the value recorded at the time of  
receipt in the case of donated securities) or end-of-year  
market value. Don't include amounts shown on line 2.  
Governmental obligations reported on line 8a are those that  
mature in 1 year or more. Debt securities of the U.S.  
Government may be reported as a single total rather than  
itemized. Obligations of state and municipal governments  
may also be reported as a lump-sum total. Don't combine  
U.S. Government obligations with state and municipal  
obligations on the attached statement.  
Line 9. Investments—Land, buildings, and equipment.  
Enter the book value (cost or other basis less accumulated  
depreciation) of all land, buildings, and equipment held for  
investment purposes, such as rental properties. Attach a  
statement listing these investment fixed assets held at the  
end of the year and showing, for each item or category listed,  
the cost or other basis, accumulated depreciation, and book  
value.  
Line 10. Investments—Other. Enter the amount of all other  
investment holdings not reported on line 8 or line 9. Attach a  
statement describing each of these investments held at the  
end of the year. Show the book value for each and indicate  
whether the investment is listed at cost or end-of-year market  
value. Don't include program-related investments. See the  
instructions for line 12.  
Line 11. Land, buildings, and equipment. Enter the book  
value (cost or other basis less accumulated depreciation) of  
all land, buildings, and equipment owned by the trust and not  
held for investment. This includes any equipment owned and  
used by the trust in conducting its charitable activities. Attach  
a statement listing these fixed assets held at the end of the  
year and showing for each item or category listed, the cost or  
other basis, accumulated depreciation, and book value.  
For each outstanding loan or other receivable that must be  
reported separately, the attached statement should use a  
columnar format and show the following information:  
Borrower's name and title,  
Original amount,  
Balance due,  
Date of note,  
Maturity date,  
Repayment terms,  
Interest rate,  
Security provided by the borrower,  
Purpose of the loan, and  
Description and FMV of the consideration furnished by the  
lender.  
The above detail isn't required for receivables or travel  
advances that may be reported as a single total (see  
instruction (2) above). However, report and identify those  
totals separately in the attachment.  
Line 5. Other notes and loans receivable. Enter the  
combined total of notes receivable and net loans receivable.  
Notes receivable. Enter the amount of all notes  
receivable not listed on line 4 and not acquired as  
investments. Attach a statement similar to that called for in  
the line 4 instructions. The statement should also identify the  
relationship of the borrower to any officer, director, trustee, or  
other disqualified person.  
For a note receivable from any section 501(c)(3)  
organization, list only the name of the borrower and the  
balance due on the required statement.  
Loans receivable. Enter the gross amount of loans  
receivable, less the allowance for doubtful accounts, arising  
from the normal activities of the trust. An itemized list of these  
loans isn't required, but attach a statement indicating the total  
amount of each type of loan outstanding. Report loans to  
officers, directors, trustees, or other disqualified persons on  
line 4, and loans to other employees on line 12.  
Line 6. Inventories for sale or use. Enter the amount of  
materials, goods, and supplies purchased or manufactured  
by the trust and held for sale or use in some future period.  
Line 7. Prepaid expenses and deferred charges. Enter  
the amount of short-term and long-term prepayments of  
future expenses attributable to one or more future accounting  
periods. Examples include prepayments of rent, insurance,  
and pension costs, and expenses incurred in connection with  
a solicitation campaign to be conducted in a future  
accounting period.  
Line 12. Other assets. List and show the book value of  
each category of assets not reportable on lines 1 through 11.  
Attach a separate statement if more space is needed.  
One type of asset reportable on line 12 is program-related  
investments made primarily to accomplish a charitable  
purpose of the trust rather than to produce income.  
Line 13. Total assets. Columns (a) and (b) (and column (c)  
if a unitrust) must always have an entry, even if it is zero.  
Line 14. Accounts payable and accrued expenses. Enter  
the total accounts payable to suppliers and others, and  
accrued expenses such as salaries payable, accrued payroll  
taxes, and interest payable.  
Line 15. Deferred revenue. Include revenue that the  
organization has received but not yet earned as of the  
balance sheet date under its method of accounting.  
Line 16. Loans from officers, directors, trustees, and  
other disqualified persons. Enter the unpaid balance of  
loans received from officers, directors, trustees, and other  
disqualified persons. For loans outstanding at the end of the  
year, attach a statement that provides (for each loan) the  
name and title of the lender and the information specified in  
the line 4 instructions.  
Line 17. Mortgages and other notes payable. Enter the  
amount of mortgages and other notes payable at the  
Lines 8a, b, and c. Investments—U.S. and state govern-  
ment obligations, corporate stock, and corporate  
bonds. Enter the book value (which may be market value) of  
these investments. Attach a statement that lists each security  
beginning and end of the year. Attach a statement showing,  
as of the end of the year, the total amount of all mortgages  
payable and, for each nonmortgage note payable, the name  
of the lender and the other information specified in the line 4  
8
Instructions for Form 5227  
instructions. The statement should also identify the  
relationship of the lender to any officer, director, trustee, or  
other disqualified person.  
Line 18. Other liabilities. List and show the amount of each  
liability not reportable on lines 14 through 17. Attach a  
separate statement if more space is needed.  
Part VII. Statements Regarding  
Activities  
Answer every question in this section. If a line does not apply,  
enter “N/A.”  
Line 1. A split-interest trust must have a governing  
Charitable remainder unitrusts must include any unitrust  
amounts applicable to prior periods that are unpaid but  
required to be paid as of the valuation date, since such  
amounts reduce the net FMV of the trust's assets. However,  
don't include any make-up amount for a NIMCRUT.  
instrument that requires the trust to act or refrain from acting  
so as not to engage in an act of self-dealing under section  
4941 or subject it to the excise taxes under section 4943,  
4944, or 4945. The trust may satisfy the requirements either  
by express language in its governing instrument or by the  
operation of state law which imposes the above requirements  
on the trust or treats these requirements as being contained  
in the governing instrument. If a trust claims it satisfies the  
requirements of section 508(e) by operation of state law, the  
provisions of state law must effectively impose the  
Line 19. Total liabilities. Columns (a) and (b) (and column  
(c) if a unitrust) must always have an entry, even if it is zero.  
Line 23. Total liabilities and net assets. Columns (a) and  
(b) must always have an entry, even if it is zero.  
requirements of section 508(e) on the trust.  
Part V. Charitable Remainder Annuity  
Trust Information  
Line 1b. To figure the total annual annuity amounts for a  
short tax year, see Short tax years, later.  
If, however, the state law does not apply to a governing  
instrument which contains mandatory directions conflicting  
with any of its requirements and the trust has such mandatory  
directions in its governing instrument, then the trust has not  
satisfied the requirements of section 508(e) by the operation  
of that state law.  
Part VI. Charitable Remainder  
Unitrust Information  
Part VIII. Statements Regarding  
Activities for Which Form 4720 May  
Be Required  
Line 4a. Enter the unitrust fixed percentage (which may not  
be less than 5% or more than 50%).  
If there is more than one unitrust recipient, attach a  
statement showing the percentage of the total unitrust dollar  
amount payable to each recipient. The sum of these  
individual shares should be 100%.  
Complete Part VIII to determine whether the trust has  
complied with the applicable chapter 42 rules relating to  
private foundations and whether the trust, trustee,  
disqualified persons, or some combination of these may be  
liable for certain foundation excise taxes. These excise taxes  
include:  
Line 4b. This line must always have an entry, even if it is  
zero.  
The section 4941 tax on self-dealing between the trust and  
Line 5a. Enter the trust's 2023 (fiduciary) accounting income  
determined under the terms of the governing instrument and  
applicable local law. See section 643(b) and Regulations  
sections 1.664-3(a)(1)(i)(b)(3) and 1.643(b)-1 for more  
information.  
“disqualified persons,”  
The section 4943 tax on excess business holdings,  
The section 4944 tax on investments that jeopardize the  
trust's charitable purposes, and  
The section 4945 tax on taxable expenditures.  
Line 6a. Enter the amount, if any, from line 69 of the 2022  
The split-interest trust pays these taxes on Form 4720. For  
Form 5227.  
a detailed explanation of each of these taxes, see the  
Instructions for Form 4720.  
If the amount entered isn't the same as line 69 from the  
prior year's form, attach an explanation and a statement that  
supports the balance in the make-up account. Figure the total  
deficiencies from previous years as follows.  
The excise taxes on private foundations don't apply to any  
amounts:  
1. Payable under the terms of the trust to income  
beneficiaries, unless a deduction was allowed under section  
170(f)(2)(B), 2055(e)(2)(B), or 2522(c)(2)(B);  
2. In trust for which a charitable contribution deduction  
was not allowed under any section listed in section 4947(a)  
(2)(B), if the amounts are segregated from amounts for which  
a deduction was allowable; or  
1. Aggregate the unitrust's net asset FMV for each  
previous year.  
2. Multiply (1) above by the unitrust's fixed percentage.  
3. From the result in (2), subtract the aggregate trust  
income that was distributed for previous years.  
Line 8. Use this amount to determine future accrued  
3. Transferred in trust before May 27, 1969.  
accumulated distribution deficiencies.  
Short tax years. To figure the annuity amount (Part V,  
line 1b) or the unitrust amount (Part VI, line 7) for short tax  
years, multiply the annuity or unitrust amount by the number  
of days in the trust's tax year, and then divide the result by  
365 (or 366 for leap years).  
For a unitrust whose governing instrument provides for an  
income exception, if no valuation date occurs before the end  
of the trust's tax year, value the trust's assets as of the last  
day of the trust's tax year.  
Line 1. The activities listed on lines 1a(1) through (6) are  
considered self-dealing under section 4941 unless one of the  
exceptions described in section 4941(d)(2)(D), (E), (F), or (G)  
applies. You may also access information about self-dealing  
link for Life Cycle of a Private Foundation.  
The terms “disqualified person” and “foundation manager”  
are defined under Definitions, earlier.  
9
Instructions for Form 5227  
A similar exception applies to a beneficial or profits interest in  
any business enterprise that is a trust or partnership.  
Line 1b. If you answered “Yes” to any of the questions in  
line 1a, you should answer “Yes” to line 1b unless all of the  
acts engaged in were “excepted” acts. Excepted acts are  
described in Regulations sections 53.4941(d)-3 and -4 or  
appear in Notices published in the Internal Revenue Bulletin,  
relating to disaster assistance. At the time this form went to  
print, there were no Notices currently in effect relating to  
disaster assistance for “excepted” acts to self-dealing.  
Line 4. In general, an investment which jeopardizes any of  
the charitable purposes of a trust is one in which a foundation  
manager did not exercise ordinary business care in making  
the investment to provide for the long- and short-term  
financial needs of the trust in carrying out its charitable  
purposes.  
Line 2. Under section 4947(b)(3)(A), a split-interest trust  
isn't subject to the excess business holdings tax (section  
4943) or tax on investments that jeopardize the trust's  
charitable purpose (section 4944) if all the income interest  
(and none of the remainder interest) of the trust is devoted  
solely to one or more of the charitable purposes described in  
section 170(c)(2)(B). In addition, all amounts in the trust for  
which a charitable contribution deduction was allowed under  
section 170 (for individual taxpayers) or a similar section for  
personal holding companies, foreign personal holding  
companies, or estates or trusts (including a deduction for  
estate or gift tax purposes) cannot have a total value of more  
than 60% of the total FMV of all amounts in the trust. For the  
purposes of section 4947(b)(3)(A), the term “income interest”  
includes the right to receive an annuity or unitrust payment,  
as described in Regulations section 53.4947-2(b)(2)(i).  
Under section 4947(b)(3)(B), a split-interest trust isn't  
subject to the section 4943 or 4944 taxes if a deduction was  
allowed under section 170 (and related provisions for other  
entities) for amounts payable under the terms of the trust to  
every remainder beneficiary but not to any income  
beneficiary. For the purposes of section 4947(b)(3)(B), the  
term “income beneficiary” includes the recipient entitled to  
receive an annuity or unitrust payment under a CRT, as well  
as the donor entitled to payments from a pooled income fund.  
The term “remainder beneficiary” includes the charitable  
organization entitled to the remainder interest under a CRT or  
a pooled income fund.  
Line 3. In general, excess business holdings are the amount  
of stock or other interest in a business enterprise that the  
trust must dispose of to a person other than a disqualified  
person in order for the trust's remaining holdings in the  
enterprise to be permitted holdings.  
In general, the combined permitted holdings of a trust and  
all disqualified persons may not be more than 20% of the  
voting power (or beneficial or profits interest, in the case of a  
trust or a partnership) in any business enterprise.  
In general, a business enterprise means the active  
conduct of a trade or business, including any activity that is  
regularly conducted to produce income from selling goods or  
performing services that is an unrelated trade or business  
under section 513.  
For more information on investments that jeopardize  
charitable purposes, see Regulations section 53.4944-1.  
Line 5. Grants by a trust to a public charity aren't taxable  
expenditures if the grants aren't earmarked for use for any of  
the activities described on lines 5a(1) through (5) and there is  
no oral or written agreement by which the trust may cause the  
public charity to engage in any such prohibited activity or to  
select the grant grantee.  
Grants made to exempt operating foundations (as defined  
in section 4940(d)(2)) aren't subject to the expenditure  
responsibility provisions of section 4945. If the trust made  
grants to such organizations, you don't have to file Form 4720  
for those grants. See the section 4945 regulations for more  
information.  
Line 5b. If you answered “Yes” to any of the questions in  
line 5a, you should answer “Yes” to line 5b unless all of the  
transactions engaged in were “excepted” transactions.  
Excepted transactions are described in Regulations section  
53.4945 or appear in Notices published in the Internal  
Revenue Bulletin, relating to disaster assistance. At the time  
this form went to print, there were no Notices currently in  
effect relating to disaster assistance for “excepted”  
transactions to taxable expenditures.  
Line 6a. A personal benefit contract is, in general, any life  
insurance, annuity, or endowment contract that benefits,  
directly or indirectly, a transferor, a transferor's family  
member, or a transferor designee that isn't an organization  
described in section 170(c).  
Line 6b. Enter the total of all premiums paid by the  
split-interest trust on any personal benefit contract if the  
payment of premiums is in connection with a transfer for  
which a deduction isn't allowed under section 170(f)(10)(A).  
Also, if there is an understanding or expectation that any  
person will directly or indirectly pay any premium on a  
personal benefit contract for the transferor, include those  
premium payments in the amount entered on this line. For  
more information, see the instructions for Form 8870.  
Line 7. If a charitable remainder trust has any unrelated  
business taxable income (within the meaning of section 512  
and related regulations) for 2023, the trust is liable for a tax  
under section 664(c)(2), which is treated as a Chapter 42  
excise tax. The amount of the excise tax is equal to the  
amount of the trust's unrelated business taxable income. If  
the trust has any unrelated business taxable income, answer  
Yes” and file Form 4720, in addition to Form 5227, to report  
the trust's unrelated business taxable income and the tax  
due.  
The term “business enterprise” does not include:  
1. A functionally related business, defined in section  
4942(j)(4); or  
2. A trade or business if at least 95% of its gross income  
is derived from passive sources.  
See section 4943(d)(3)(B) for additional items that are  
included in gross income from passive sources.  
Line 3a. A private foundation isn't treated as having excess  
business holdings in any enterprise if, together with related  
foundations, it owns 2% or less of the voting stock and 2% or  
less in value of all outstanding shares of all classes of stock.  
Part IX. Questionnaire for Charitable  
Lead Trusts, Pooled Income Funds,  
and Charitable Remainder Trusts  
Section A—All Trusts  
All trusts are required to answer lines 1 and 2.  
10  
Instructions for Form 5227  
This election must be made on an entity-by-entity basis,  
and applies only to the particular CFCs and QEFs for which  
an election is made. If the CRT owns a CFC or QEF through  
certain domestic pass-through entities, such as a domestic  
partnership or common trust fund, the domestic pass-through  
entity may make the election with respect to the CFC or QEF  
and you will be considered as having made the election. If the  
entity does not make the election, you may make the election  
with respect to the CFC or QEF owned through the entity.  
Section B—Charitable Lead Trusts  
Line 3. The information on this line is used to determine  
whether sections 4943 and 4944 apply for 2023.  
Line 5. Enter the amount for payments described in sections  
170(f)(2)(B), 2055(e)(2)(B), and 2522(c)(2)(B).  
Section C—Pooled Income Funds  
Line 7. Upon termination of the income interest retained or  
created by a donor, the trustee is required to sever from the  
fund an amount equal to the value of the remainder interest in  
the property upon which the income interest is based. The  
amount severed from the fund must either be paid to, or  
retained for the use of, the designated public charity, as  
provided in the governing instrument. See Regulations  
section 1.642(c)-5(b)(8) for valuation procedures.  
When to make the election. The election applies to the tax  
year for which it is made and later tax years, and applies to all  
interests in the CFC or QEF that the CRT later acquires. The  
CRT cannot revoke the election. The election must be made  
no later than the first tax year beginning after December 31,  
2013, in which the CRT includes an amount in income for  
regular tax purposes under section 951(a) or 1293(a) with  
respect to the CFC or QEF. The election may be made on an  
original or an amended return, provided that the tax year for  
which the election is made, and all tax years affected by the  
election, aren't closed by the period of limitations on  
Section D—Charitable Remainder Trusts  
Line 11. If a charitable remainder annuity trust or certain  
charitable remainder unitrusts pay the annuity or unitrust  
amount after the close of the tax year, and:  
assessments under section 6501. For more information, see  
Regulations section 1.1411-10(g).  
1. The payment is made within a reasonable time after  
the close of the tax year; and  
Note. CRTs that make the Simplified Net Investment Income  
Calculation Election may also make the Regulations section  
1.1411-10(g) election. See Part II of Schedule A, later.  
For more information on the NII treatment of income from  
certain CFCs and PFICs within the section 664 category and  
class system, see Regulations section 1.1411-10 and  
Proposed Regulations section 1.1411-3(d)(2)(ii).  
2. To the extent the payment is characterized as corpus  
from a property distribution (other than cash), the trustee  
treats any income generated by the distribution as occurring  
on the last day of the tax year for which the annuity or unitrust  
amount is due, then the annuity trust or certain unitrusts won't  
be deemed to have:  
Contents of the election. In order to make the election, the  
CRT must check the “Yes” box on line 12 and must attach a  
statement to its Form 5227, which must include:  
Engaged in self-dealing (section 4941),  
Unrelated debt-financed income (section 514),  
Received an additional contribution (Regulations sections  
Name of the CRT and its EIN;  
1.664-2(b) and 1.664-3(b)), or  
A declaration that the CRTs elect under Regulations  
Failed to function exclusively as a charitable remainder  
section 1.1411-10(g) to apply the rules in Regulations section  
1.1411-10(g) to the CFCs and QEFs identified in the  
statement; and  
trust (Regulations section 1.664-1(a)(4)).  
See Regulations sections 1.664-2(a)(1) and 1.664-3(a)(1)  
for more information.  
The following information with respect to each CFC and  
Under Regulations section 1.664-1(d)(5), a distribution of  
property (other than cash) is treated as a sale by the trust.  
QEF for which an election is made:  
The name of the CFC or QEF; and  
Either the EIN of the CFC or QEF, or, if the CFC or QEF  
Note. You must report income (gain) generated by the  
property distribution (discussed above) on Part I of Form  
5227 for the current tax year.  
Trusts created before December 10, 1998. The election in  
Regulations sections 1.664-2(a)(1)(i)(a)(2) and 1.664-3(a)(1)  
(i)(g)(2) does not apply to charitable remainder annuity trusts  
and certain charitable remainder unitrusts whose annuity or  
unitrust amount is 15% or less.  
does not have an EIN, the reference ID number of the CFC or  
QEF.  
Line 16. Check the “Yes” box and enter the name of the  
foreign country if either (1) or (2) below applies.  
1. The trust owns more than 50% of the stock in any  
corporation that owns one or more foreign bank accounts.  
2. At any time during the year, the trust had an interest in  
or signature or other authority over a bank, securities, or  
other financial account in a foreign country.  
Line 12. Net investment income tax (NIIT)—Regulations  
section 1.1411-10(g) election. In general, a CRT that owns  
stock of a controlled foreign corporation (CFC) (within the  
meaning of section 953(c)(1)(B) or 957(a)) or a passive  
foreign investment company (PFICs)(within the meaning of  
section 1297(a)) that it treats as a qualified electing fund  
(QEF) under section 1295 may make the election provided in  
Regulations section 1.1411-10(g). For NIIT purposes, if an  
election is in effect with respect to a CFC or QEF, then, in  
general, the amounts included in income for regular tax  
purposes under section 951 and section 1293 from the CFC  
or QEF are also included in NII, and distributions of  
Exception. Check “No” if either of the following applies to  
the trust.  
The combined value of the accounts was $10,000 or less  
during the whole year.  
The accounts were with a U.S. military banking facility  
operated by a U.S. financial institution.  
See FinCEN Form 114, Report of Foreign Bank and  
Financial Accounts (FBAR), and its instructions to determine  
whether the trust is considered to have an interest in or  
signature or other authority over a bank, securities, or other  
financial account in a foreign country. If “Yes,electronically  
file FinCEN Form 114 with the Department of the Treasury  
previously taxed income to the CRT from the CFC or QEF  
described in section 959(d) or 1293(c) are excluded from NII.  
11  
Instructions for Form 5227  
 
using the FinCEN's BSA E-Filing System. Because FinCEN  
Form 114 isn't a tax form, don't file it with Form 5227. See  
Fincen.gov for more information.  
Part II. Simplified Net Investment Income  
Calculation Election (SNIIC Election) (Section  
664 trust only)  
If you are required to file FinCEN Form 114 but don't,  
The CRT may make an election to calculate receipts and  
distributions of NII using a simplified method that is  
independent of the section 664 category and class system.  
Once made, the SNIIC election is irrevocable. If a CRT  
makes the SNIIC election, the CRT computes the NII in the  
same manner as an individual. When using the SNIIC, a  
CRT’s accumulated NII is a separate and independent  
tracking system within the CRT and isn't assigned,  
combined, or taken into account in any of the CRT's existing  
categories (ordinary income, capital gain, nontaxable  
income).  
you may have to pay a penalty of up to $10,000  
!
CAUTION  
(more in some cases).  
Signature  
Form 5227 must be signed by the trustee or by an authorized  
representative.  
If you, as trustee (or an employee or officer of the trust), fill  
in Form 5227, the Paid Preparer Use Only space should  
remain blank. If someone prepares this return without charge,  
that person should not sign the return.  
Paid preparer. Generally, anyone who is paid to prepare a  
tax return for a charitable remainder trust must sign the return  
and fill in the other blanks in the Paid Preparer Use Only area  
of the return. For all other trusts, completion of Form 5227's  
Paid Preparer Use Only area is optional.  
Amount of NII Allocable to Income Recipients  
If a CRT makes the SNIIC election, distributions from a CRT  
to a recipient for a tax year consist of NII equal to the lesser  
of:  
1. The total amount of the distributions to that recipient  
for that year, or  
If you have questions about whether a preparer is required  
to sign the return, please contact an IRS office.  
2. The current and accumulated NII of the CRT.  
The person required to sign the return as the preparer  
must:  
With this election, the classification of a distribution as  
consisting of NII or Excluded Income is independent from the  
character of the income distributed to the recipient for regular  
tax purposes using the section 664 category and class  
system. However, see Effect of the SNIIC Election on Netting  
and Ordering Rules, later.  
Complete the required preparer information,  
Sign it in the space provided for the preparer's signature (a  
facsimile signature is acceptable), and  
Give the trustee a copy of the return in addition to the copy  
to be filed with the IRS.  
Calculation of NII  
Enter the paid preparer’s PTIN, not their social  
security number (SSN), in the “PTIN” box in the paid  
preparer’s block. Because Form 5227 is publicly  
In computing the CRT’s NII, if in a tax year a CRT’s properly  
allocable deductions described in section 1411(c)(1)(B)  
exceed the gross investment income and net gain described  
in section 1411(c)(1)(A), then such excess deductions shall  
reduce the NII for that tax year and, to the extent of any  
remaining excess deductions, reduce NII in subsequent tax  
years of the CRT.  
!
CAUTION  
disclosable, any information entered in this block will become  
public. For more information about PTINs, visit the IRS  
website at IRS.gov/PTIN.  
Schedule A—Distributions, Assets,  
Example. A CRT has dividend income of $1,000 and a  
long-term capital loss of $10,000 in 2022; and $11,000  
long-term capital gains in 2023. The CRT would have  
($9,000) of accumulated NII in 2022, so any 2022  
distributions to income recipients would not include any NII.  
In 2023, the CRT would have $2,000 of NII available for  
distribution in 2023 and after.  
and Donor Information  
Note. Schedule A isn't open to public inspection.  
Qualified Business Income Deduction  
A CRT is not entitled to a qualified business income (QBI)  
deduction. However, a taxable recipient of a unitrust or  
annuity amount from a CRT may take into account QBI,  
qualified REIT dividends, and qualified PTP income received  
from a CRT to the extent that the unitrust or annuity amount  
distributed consists of such items. For additional information  
on how to report QBI and other section 199A items to  
beneficiaries/recipients, see the instructions for Schedule K-1  
that are found in the Instructions for Form 1041.  
Note. The SNIIC election is available for the 2023 tax year  
under Proposed Regulations section 1.1411-3(d)(3). When  
finalized, Proposed Regulations section 1.1411-3(d)(3) is  
proposed to apply to tax years of the CRT beginning after  
December 31, 2012. However, if, after consideration of all  
comments received in response to those proposed  
regulations, it appears that there is no significant interest  
among taxpayers in having the option of using the simplified  
method, the IRS may omit this election from the regulations  
when finalized. If the SNIIC election is omitted, the CRT won't  
have to amend the 2023 return. The Instructions for Form  
5227 in a later year will describe the actions that the CRT  
must take to transition from the SNIIC to calculating NII using  
the section 664 category and class system.  
Part I. Accumulation Schedule (Section 664  
trust only)  
The following information applies to lines 2a and 2b.  
Line 2a. Enter the total of all distributions for 2023 on the  
short line to the immediate right of the “2023.”  
Line 2b. Enter the amount distributed from each income  
category.  
When To Make the SNIIC Election  
CRTs established after December 31, 2012. In the case  
of a CRT established after December 31, 2012, a CRT  
12  
Instructions for Form 5227  
 
wanting to make the SNIIC election must do so on its Form  
5227 return for the tax year in which the CRT is established.  
CRTs established before January 1, 2013. In the case  
of a CRT established before January 1, 2013, the CRT  
wanting to make the election must do so on its Form 5227  
return for its first tax year beginning on or after January 1,  
2013.  
Making a SNIIC election on an amended return. The  
CRT may make the election on an amended Form 5227  
return for that year only if the tax year for which the SNIIC  
election is made, and all tax years that are affected by the  
election, for both the CRT and its recipients, aren't closed by  
the period of limitations on assessments under section 6501.  
Form 5227. See the Instructions for Schedule K-1 (Form  
1041) for more information.  
Column (b). Recipient's Identifying Number  
As a payer of income, the trust is required under section 6109  
to request and provide a proper identifying number for each  
recipient of income. Enter the recipient's number on the  
respective Schedule K-1. Individuals and business recipients  
are responsible for giving you their taxpayer identification  
numbers upon request. You may use Form W-9, Request for  
Taxpayer Identification Number and Certification, to request  
the recipient's identifying number.  
Penalty  
How To Make the SNIIC Election and Completing  
the Form 5227 With a SNIIC Election  
The trust may incur a penalty under section 6723 if it fails to  
provide the taxpayer identification number of each recipient  
or income beneficiary identified on Schedule A. The penalty  
is $50 for each failure to provide a required taxpayer  
identification number, unless reasonable cause can be  
established for the failure. If you are unable to provide the  
taxpayer identification number for any recipient or income  
beneficiary, explain the circumstances in a signed affidavit  
and attach it to this return.  
A CRT makes the SNIIC election by:  
Completing lines 1 through 3 of Part II by reporting all  
income received as Excluded Income;  
Completing lines 1 through 3 of Part I of Schedule A by  
reporting all income distributed as Excluded Income;  
Completing Part II of Schedule A; and  
Reporting the allocable share of NII to recipients  
consistent with the election.  
Substitute Forms  
Instructions for Part I of Schedule A  
You don't need prior IRS approval for a substitute  
Column (a). Enter the amount from the prior year Form  
Schedule K-1 if it is an exact copy of the IRS statement. The  
boxes must use the same numbers and titles and must be in  
the same order and format as on the comparable IRS  
Schedule K-1. The substitute schedule must include the  
OMB number. You must request IRS approval to use other  
substitute Schedules K-1. To request approval, write to:  
5227, Schedule A, Part I-B, line 4(d).  
Column (b). Enter the CRT’s current year NII.  
Using Form 8960 as a worksheet, include the  
amounts of income, gain, loss, and deductions  
TIP  
reported on lines 1–12 of Form 8960 to compute NII  
Internal Revenue Service  
Attention: Substitute Forms Program  
SE:W:CAR:MP:P:TP  
(line 12 of Form 8960). Don't file the Form 8960 with the Form  
5227.  
Column (c). Enter the lesser of (i) the sum of columns (a)  
and (b), or (ii) the total distributions for the year (reported on  
line 2a of Part I of Schedule A). If the sum of columns (a) and  
(b) is zero or less, enter -0- in column (c).  
Column (d). Subtract column (c) from the sum of columns  
(a) and (b). This amount will be reported in column (a) of the  
2024 Form 5227.  
5000 Ellin Road, C6-440  
Lanham, MD 20706  
You may be subject to a penalty if you file a  
Schedule K-1 that does not conform to the  
!
CAUTION  
specifications in Pub. 1167, General Rules and  
Specifications for Substitute Forms and Schedules.  
For updates on the Substitute Forms Program after this  
publication went to print, go to the product page for Pub.  
1167 at IRS.gov/Pub1167.  
Effect of the SNIIC Election on Netting and  
Ordering Rules  
The SNIIC election will change the netting and ordering rules  
for ordinary income and capital gains or losses. See Ordering  
Rules for Ordinary Income and Additional Rules for Capital  
Gains and Losses, later, for illustrative charts.  
Inclusion of Amounts in Recipients' Income  
If there are two or more recipients, each will be treated as  
receiving their pro rata share of the various classes of income  
or corpus.  
You may want to read the Part III instructions and  
complete all worksheets (as necessary) before you  
make an entry on Part III of Schedule A.  
TIP  
Amounts distributed by a charitable remainder annuity  
trust or a charitable remainder unitrust have the following  
characteristics in the hands of the recipients.  
Part III. Current Distributions  
First, as ordinary income to the extent of ordinary income  
Schedule (Section 664 trust only)  
for the current year and undistributed ordinary income for  
prior years of the trust. Ordinary income is computed without  
regard to any net operating loss deductions under section  
172. See the Ordering Rules for Ordinary Income, later.  
You must give each recipient listed in Part III a Schedule K-1  
(Form 1041) that reflects that recipient's current distribution.  
The following rules and worksheets will help you figure the  
type of income a recipient receives from the trust's  
Second, as capital gains to the extent of the trust's  
distributions. Also, attach a copy of each Schedule K-1 to  
undistributed capital gains. Undistributed capital gains of the  
13  
Instructions for Form 5227  
trust are determined on a cumulative net basis without regard  
to any capital loss carrybacks and carryovers. See the  
Netting Rules, Ordering Rules for Capital Gains and Losses,  
and Carryover Rules, later, for capital gains.  
For each recipient, enter the difference between the  
amount in column (j) and the sum of the amounts in columns  
(d) through (f) using code H in box 14 of the Schedule K-1  
(Form 1041).  
Third, as nontaxable income to the extent of the trust's  
If the amount in column (j) is less than the sum of the  
nontaxable income for the current year and undistributed  
nontaxable income for prior years.  
amounts in columns (d) through (f), enter the difference as a  
negative amount under code H in box 14 of the Schedule K-1  
(Form 1041).  
Fourth, as a distribution of trust corpus. For this purpose,  
trust corpus means the net FMV of the trust assets less the  
total undistributed income (but not loss) in each of the above  
categories.  
If the amount in column (j) is greater than the sum of the  
amounts in columns (d) through (f), enter the difference as a  
positive amount under code H in box 14 of the Schedule K-1  
(Form 1041).  
Column (j). NII  
Ordering rules for ordinary income. Ordinary income is  
composed of two classes for purposes of characterizing and  
ordering distributions: (a) qualified dividends, and (b) all other  
ordinary income. If the trust has both classes of ordinary  
income, distributions are treated as made first from all the  
other ordinary income class, and second from the qualified  
dividends class.  
If the CRT has not made a SNIIC election, then enter the total  
amount of NII allocated to each recipient in column (j) that is  
included in columns (d) through (g) for that recipient.  
If the CRT has made a SNIIC election, then, for each  
recipient, multiply the amount in column (c) of Part II by the  
percentage reported in column (c) of line 4 of Part III of  
Schedule A, and enter the amount in column (j) for each  
recipient.  
The following chart highlights the difference in ordering  
rules depending on whether the CRT elects to use the SNIIC  
method.  
Ordering Rules for Ordinary Income  
Section 664 Method  
SNIIC Election Method  
1. Distributions of all other ordinary income:  
First, ordinary income that is NII (40.8% rate), then  
Ordinary income that is Excluded Income (37% rate)  
2. Distributions from the qualified dividends class:  
First, qualified dividends that are NII (23.8% rate), then  
Qualified dividends that are Excluded Income (20% rate)  
All ordinary income class  
All qualified dividends  
tax purposes. If the CRT uses the section 664 method for  
calculating NII and Excluded Income, the netting and  
ordering rules are expanded to take into account additional  
classes within the ordinary income and capital gain  
categories that are created due to the imposition of an  
additional 3.8% tax on NII but not on Excluded Income.  
Netting rules. Gains and losses are netted within each  
class to arrive at a net gain or loss for that class. After you net  
within a class, the following additional netting rules apply to  
the capital gains category.  
Additional rules for capital gains and losses. The  
following charts highlight the difference in netting and  
ordering rules for capital gains and losses depending on  
whether the CRT elects to use the Simplified Net Investment  
Income Calculation (SNIIC) method. In general, if the CRT  
elects to use the SNIIC method, the netting and ordering  
rules will be essentially the same as those applicable before  
the 2013 tax year; every dollar distributed will carry out the  
CRT’s NII, to the extent of the CRT’s accumulated NII, without  
regard to the class or category of that distribution for regular  
Netting Rules  
Section 664 Method  
SNIIC Election Method  
1.  
Among the long-term capital gain and loss classes:  
(a)  
A net loss from the 28% long-term capital gain class that is NII (31.8% rate) reduces net gains in the following order:  
First, gain from the section 1250 long-term capital gain class that is NII (28.8% rate), then  
Net gain from the 28% long-term capital gain class that is Excluded Income (28% rate), then  
Gain from the section 1250 long-term capital gain class that is Excluded Income (25% rate), then  
Net gain from all the other long-term capital gain class that is NII (23.8% rate), and finally  
Net gain from all the other long-term capital gain class that is Excluded Income (20% rate).  
Not Applicable  
(b)  
A net loss from the 28% long-term capital gain class that is Excluded Income (28% rate) reduces net gains in the following order:  
First, net gain from the 28% long-term capital gain class that is NII (31.8% rate), then  
Gain from the section 1250 long-term capital gain class that is NII (28.8% rate), then  
First, gain from the section  
1250 long-term capital  
gain class, then  
14  
Instructions for Form 5227  
   
Section 664 Method  
SNIIC Election Method  
Gain from the section 1250 long-term capital gain class that is Excluded Income (25% rate), then  
Net gain from all the other long-term capital gain class that is NII (23.8% rate), and finally  
Net gain from all the other long-term capital gain class that is Excluded Income (20% rate).  
Net gain from all the other  
long-term capital gain  
class.  
(c)  
(d)  
A net loss from all the other long-term capital gain class that is NII (23.8% rate) reduces net gains in the following order:  
First, net gain from the 28% long-term capital gain class that is NII (31.8% rate), then  
Gain from the section 1250 long-term capital gain class that is NII (28.8% rate), then  
Net gain from the 28% long-term capital gain class that is Excluded Income (28% rate), then  
Gain from the section 1250 long-term capital gain class that is Excluded Income (25% rate), and finally  
Net gain from all the other long-term capital gain class that is Excluded Income (20% rate).  
Not Applicable  
A net loss from all the other long-term capital gain class that is Excluded Income (20% rate) reduces net gains in the following order:  
First, net gain from the 28% long-term capital gain class that is NII (31.8% rate), then  
Gain from the section 1250 long-term capital gain class that is NII (28.8% rate), then  
First, net gain from the  
28% long-term capital  
gain class, then  
Net gain from the 28% long-term capital gain class that is Excluded Income (28% rate), then  
Gain from the section 1250 long-term capital gain class that is Excluded Income (25% rate), and finally  
Net gain from all the other long-term capital gain class that is NII (23.8% rate).  
Gain from the section  
1250 long-term capital  
gain class.  
2.  
Among the short-term and long-term gain and loss classes:  
(a) A net short-term capital loss that is NII (40.8% rate) is applied to reduce the net short-term and net long-term capital gain classes as follows:  
First, short-term capital gain class that is Excluded Income (37% rate), then  
Net gain from the 28% long-term capital gain class that is NII (31.8% rate), then  
First, net gain from the  
28% long-term capital  
gain class, then  
Gain from the section 1250 long-term capital gain class that is NII (28.8% rate), then  
Net gain from the 28% long-term capital gain class that is Excluded Income (28% rate), then  
Gain from the section 1250 long-term capital gain class that is Excluded Income (25% rate), then  
Net gain from all the other long-term capital gain class that is NII (23.8% rate), and finally  
Net gain from all the other long-term capital gain class that is Excluded Income (20% rate).  
Gain from the section  
1250 long-term capital  
gain class, and finally  
Net gain from all the other  
long-term capital gain  
class.  
(b)  
A net short-term capital loss that is Excluded Income (37% rate) is applied to reduce the net short-term and net long-term capital gain classes  
as follows:  
First, short-term capital gain class that is NII (40.8% rate), then  
Net gain from the 28% long-term capital gain class that is NII (31.8% rate), then  
Gain from the section 1250 long-term capital gain class that is NII (28.8% rate), then  
First, net gain from the  
28% long-term capital  
gain class, then  
Net gain from the 28% long-term capital gain class that is Excluded Income (28% rate), then  
Gain from the section 1250 long-term capital gain class that is Excluded Income (25% rate), then  
Gain from the section  
1250 long-term capital  
gain class, and finally  
Net gain from all the other long-term capital gain class that is NII (23.8% rate), and finally  
Net gain from all the other long-term capital gain class that is Excluded Income (20% rate).  
Net gain from all the other  
long-term capital gain  
class.  
3.  
An overall net long-term capital loss reduces any net short-term capital gain as follows:  
First, any net short-term capital gain that is NII (40.8% rate), then  
Overall net long-term  
capital loss reduces any  
net short-term capital gain.  
Any net short-term capital gain that is Excluded Income (37% rate).  
and undistributed long-term capital gain, the short-term  
capital gain is deemed distributed before any long-term  
capital gain.  
Ordering rules for capital gains and losses. The  
following rules apply to undistributed long-term capital gains  
on assets held more than 1 year. If, in any tax year of the  
trust, the trust has both undistributed short-term capital gain  
Ordering Rules for Capital Gains and Losses  
Section 664 Method  
SNIIC Election Method  
1. Any short-term capital gains are deemed to be distributed in the following order:  
First, short-term capital gain class that is NII (40.8% rate), then  
Short-term capital gains  
Short-term capital gain class that is Excluded Income (37% rate).  
15  
Instructions for Form 5227  
 
Section 664 Method  
SNIIC Election Method  
2. Any long-term capital gains are deemed to be distributed in the following order:  
The 28% long-term capital gain class that is NII (31.8% rate) is deemed distributed, then  
The section 1250 long-term capital gain class that is NII (28.8% rate) is deemed distributed, then  
The 28% long-term capital  
gain class is deemed  
distributed, then  
The 28% long-term capital gain class that is Excluded Income (28% rate) is deemed distributed, then  
The section 1250 long-term capital gain class that is Excluded Income (25% rate) is deemed distributed, then  
The section 1250 long-term  
capital gain class is  
deemed distributed, and  
finally  
All other long-term capital gain class that is NII (23.8% rate) is deemed distributed, and finally  
All other long-term capital gain class is deemed distributed.  
All other long-term capital  
gain class.  
Carryover Rules  
Section 664 Method  
SNIIC Election Method  
1. If the trust has capital losses in excess of capital gains for any tax year:  
The excess of the 40.8% rate net short-term capital loss over the net long-term capital gain for that year is a 40.8%  
rate short-term capital loss carryover to the next tax year.  
The excess of the net  
short-term capital loss  
over the net long-term  
capital gain for that year  
is a short-term capital  
loss carryover to the next  
tax year.  
The excess of the 37% rate net short-term capital loss over the net long-term capital gain for that year is a 37%  
rate short-term capital loss carryover to the next tax year.  
The excess of the 23.8% net long-term capital loss over the net short-term capital gain for that year is a 23.8%  
long-term capital loss carryover to the next tax year.  
The excess of the net  
long-term capital loss  
over the net short-term  
capital gain for that year  
is a long-term capital loss  
carryover to the next tax  
year.  
The excess of the 20% net long-term capital loss over the net short-term capital gain for that year is a 20%  
long-term capital loss carryover to the next tax year.  
2. If the trust has capital gains in excess of capital losses for any tax year:  
The excess of the 40.8% rate net short-term capital gain over the net long-term capital loss for that year is, to the  
extent not deemed distributed, a 40.8% rate short-term capital gain carryover to the next tax year.  
The excess of the net  
short-term capital gain  
over the net long-term  
capital loss for that year  
is, to the extent not  
deemed distributed, a  
short-term capital gain  
carryover to the next tax  
year.  
The excess of the 37% rate net short-term capital gain over the net long-term capital loss for that year is, to the  
extent not deemed distributed, a 37% rate short-term capital gain carryover to the next tax year.  
The excess of the 31.8% rate net long-term capital gain over the net short-term capital loss for that year is, to the  
extent not deemed distributed, a 31.8% rate long-term capital gain carryover to the next tax year.  
The excess of the 28.8% rate net long-term capital gain over the net short-term capital loss for that year is, to the  
extent not deemed distributed, a 28.8% rate long-term capital gain carryover to the next tax year.  
The excess of the net  
long-term capital gain  
over the net short-term  
capital loss for that year  
is, to the extent not  
deemed distributed, a  
long-term capital gain  
carryover to the next tax  
year.  
The excess of the 28% rate net long-term capital gain over the net short-term capital loss for that year is, to the  
extent not deemed distributed, a 28% rate long-term capital gain carryover to the next tax year.  
The excess of the 25% rate net long-term capital gain over the net short-term capital loss for that year is, to the  
extent not deemed distributed, a 25% rate long-term capital gain carryover to the next tax year.  
The excess of the 23.8% rate net long-term capital gain over the net short-term capital loss for that year is, to the  
extent not deemed distributed, a 23.8% rate long-term capital gain carryover to the next tax year.  
The excess of the 20% rate net long-term capital gain over the net short-term capital loss for that year is, to the  
extent not deemed distributed, a 20% rate long-term capital gain carryover to the next tax year.  
16  
Instructions for Form 5227  
 
information. We need it to ensure that you are complying with  
these laws and to allow us to figure and collect the right  
amount of tax.  
Part IV. Current Distributions  
(Charitable lead trusts or pooled income funds only)  
Line 1. A charitable lead trust uses line 1 of Part IV to report  
the aggregate amount of distributions made during the year  
to one or more noncharitable (private) beneficiaries. For  
example, when the lead period terminates, all future  
distributions are payable to the noncharitable beneficiary.  
However, because charitable lead trusts can vary  
You aren't required to provide the information requested  
on a form that is subject to the Paperwork Reduction Act  
unless the form displays a valid OMB control number. Books  
or records relating to a form or its instructions must be  
retained as long as their contents may become material in the  
administration of any Internal Revenue law. Generally, tax  
returns and return information are confidential, as required by  
section 6103.  
considerably, the expiration of the lead period isn't the only  
context within which the trust may provide for payments to a  
noncharitable (private) beneficiary. See the annotations to  
the sample charitable lead trusts in Rev. Proc. 2007-45,  
2007-29 I.R.B. 89, and Rev. Proc. 2007-46, 2007-29 I.R.B.  
102, for examples of other situations in which amounts may  
be payable to a noncharitable beneficiary.  
The time needed to complete and file this form will vary  
depending on individual circumstances. The estimated  
average time is:  
Recordkeeping  
.
.
.
.
.
.
.
.
.
89 hr., 11 min.  
A pooled income fund uses line 1 of Part IV to report the  
amount distributable annually among one or more  
noncharitable (private) beneficiaries who hold income  
interests in the fund.  
Learning about the law or the  
form  
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
21 hr., 54 min.  
44 hr., 47 min.  
Preparing the form .  
.
.
.
.
.
.
Part V. Assets and Donor Information  
Line 2. Pooled income funds don't complete lines 1 and 2.  
Copying, assembling, and  
sending the form to IRS .  
.
.
.
5 hr., 54 min.  
For trusts that answered “Yes” to question 1, complete all  
columns on line 2 for all donors to the trust in 2023. For  
additional donors to the trust that did not contribute to the  
trust in 2023, complete column (a) only.  
If you have comments concerning the accuracy of these  
time estimates or suggestions for making this form simpler,  
we would be happy to hear from you. You can send us  
comments from IRS.gov/FormComments. Or you can write to  
the Internal Revenue Service, Tax Forms and Publications  
Division, 1111 Constitution Ave. NW, IR-6526, Washington,  
DC 20224. Don't send the form to this office.  
For trusts that answered “No” to question 1, complete only  
column (a) for all donors to the trust.  
Paperwork Reduction Act Notice. We ask for the  
information on this form to carry out the Internal Revenue  
laws of the United States. You are required to give us the  
17  
Instructions for Form 5227  
Capital Gains Distribution Worksheet (KEEP FOR YOUR RECORDS)  
Use this worksheet to determine the ordering of any capital gains distributions.  
Short-term  
Long-term  
Excluded Accumulated 28% long-term capital  
Section 1250 long-term  
capital gain class  
All other long-term capital gain  
classes  
Net  
gain class  
Investment  
Income  
(ANII) post-  
2012  
ANII  
post-2012  
ANII  
post-2012  
Excluded  
Excluded  
Excluded ANII post-2012  
1. Prior years  
undistributed  
gain or  
(loss) . . . .  
2. Current year  
net gain or  
(loss) . . . .  
3. Total  
combined  
gain or (loss)  
by class . .  
4. Adjustments  
for netting any  
long-term  
capital  
(losses) on  
line 3 . . . .  
5. Total . . . . .  
6. Adjustments  
for netting any  
short-term  
capital gain or  
(loss) on  
line 3 (see  
Netting  
Rules,  
earlier) . . .  
7. Total  
undistributed  
gains . . . .  
8. 2023  
distributions...  
9. Carryforward  
to 2024 (line 7  
less line 8)...  
18  
Instructions for Form 5227  
 
Ordinary Income Distribution Worksheet (KEEP FOR YOUR RECORDS)  
Use this worksheet to determine the ordering of any ordinary income distributions.  
All other ordinary income  
Qualified dividends  
Accumulated NII post-2012  
Excluded Accumulated NII  
Excluded  
post-2012  
1. Prior years  
undistributed  
ordinary income or  
(loss) . . . . . . . .  
2. Current year  
ordinary income or  
(loss) . . . . . . . .  
3. Total combined  
ordinary income or  
(loss) by  
class . . . . . . . .  
4. Adjustments for  
netting any  
ordinary (losses)  
on line 3 . . . . .  
5. Total undistributed  
ordinary  
income . . . . . .  
6. 2023  
distributions...  
7. Carryforward to  
2024 (line 5 less  
line 6) . . . . . . .  
19  
Instructions for Form 5227  
 
Index  
C
N
S
Capital Gains Distribution  
Net Investment Income Tax (NIIT) 6  
Schedule of Distributable Income 6  
Worksheet 18  
Reg. Sec. 1.1411–10(g) Election 11  
Carryover rules 16  
Current Distributions:  
Netting Rules 14  
T
Simplified Net Investment Income  
Calculation (SNIIC) Election 12  
Type of Entity 4  
O
Ordering Rules for Capital Gains  
and Losses 15  
Ordinary Income Distribution  
Ordering Rules for Ordinary  
Income 14  
Worksheet 19  
20  
Instructions for Form 5227