Split-Interest Trust Information Return

PAGER/SGML

Userid: ________
Fileid: I5227.SGM

Leading adjust: -10%
(19-Jan-2006)

❏

Draft
(Init. & date)

❏

Ok to Print

Filename: D:\USERS\cwrkb\Epicfiles\2005-INSTR 5227\2005 Final Instr_5227.sgm

Page 1 of 12

Instructions for Form 5227

12:31 - 19-JAN-2006

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

2005

Department of the Treasury
Internal Revenue Service

Instructions for Form 5227
Split-Interest Trust Information Return
Section references are to the Internal Revenue Code unless otherwise noted.

• Has amounts transferred in trust after May 26, 1969,

Photographs of Missing Children
The Internal Revenue Service is a proud partner with the
National Center for Missing and Exploited Children.
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
(1-800-843-5678) if you recognize a child.

General Instructions
Purpose of Form
Use Form 5227 to report the financial activities of a
split-interest trust described in section 4947(a)(2); and to
determine whether the trust is treated as a private
foundation and is subject to the excise taxes under
Chapter 42.
A charitable remainder annuity trust or unitrust is
exempt from federal income tax for any tax year if it:
• Was created after July 31, 1969, and
• Has no unrelated business taxable income for the tax
year.
Even though the trust is exempt from federal income
tax, it must file Form 5227 each year.

Who Must File
All charitable remainder trusts described in section 664,
pooled income funds described in section 642(c)(5), and
charitable lead trusts (see Exception below) must file
Form 5227.
Exception. Generally, a split-interest trust created
before May 27, 1969, is not required to file Form 5227.
However, if any amounts were transferred to the trust
after May 26, 1969, for which a deduction was allowed
under any of the sections listed under section 4947(a)(2),
Form 5227 must be filed for the year of the transfer and
all subsequent years regardless of whether additional
transfers are made in subsequent years.
Charitable lead trusts and charitable remainder trusts
whose charitable interests involve only war veterans’
posts or cemeteries described in sections 170(c)(3) and
170(c)(5), respectively, are not required to complete
Parts VI and VII of Form 5227.
Note. Regulations section 1.6012-3(a)(6) references
Form 1041-B. Form 5227 replaces Form 1041-B.

Definitions
Split-interest trust. A split-interest trust is a trust that:
• Is not exempt from tax under section 501(a);
• Has some unexpired interests that are devoted to
purposes other than religious, charitable, or similar
purposes described in section 170(c)(2)(B); and

for which a deduction was allowed under one of the Code
sections listed in section 4947(a)(2).
A split-interest trust is subject to many of the same
requirements and restrictions that are imposed on private
foundations.
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.
Disqualified person. A disqualified person is:
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; or
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%.
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
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.)

Phone Help
If you have questions and/or need help completing this
form, please call 1-877-829-5500. This toll-free telephone
service is available Monday through Friday.

Additional Information
For additional information on private foundations and
foundation managers, see Pub. 578, Tax Information for
Private Foundations and Foundation Managers.

Cat. No. 13228E

Page 2 of 12

Instructions for Form 5227

12:31 - 19-JAN-2006

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

extension must be filed by the due date of the return.
After receiving an automatic 3-month extension, you can
also use Form 8868 to apply for an additional (not
automatic) 3-month extension. The request for an
additional 3-month extension must be filed by the
extended due date of the return.

Other Forms You May Have To File
You may also be required to file one or more of the
following forms.
• Form 56, Notice Concerning Fiduciary Relationship.
• Form 1041, U.S. Income Tax Return for Estates and
Trusts.
• Form 1041-A, U.S. Information Return —Trust
Accumulation of Charitable Amounts.
• Form 1041-ES, Estimated Income Tax for Estates and
Trusts.
• Form 4720, Return of Certain Excise Taxes on
Charities and Other Persons 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, below) that are not
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.
• 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, Change of Address.
• Form 8868, Application for Extension of Time To File
an Exempt Organization Return.
• Form 8870, Information Return for Transfers
Associated With Certain Personal Benefit Contracts.
You can order forms and publications by calling
1-800-TAX-FORM (1-800-829-3676). You can also get
most forms and publications at your local IRS office.

Where To File
File all Forms 5227 at the following address:
Internal Revenue Service Center
Ogden, UT 84201-0027
Private delivery services (PDSs). In addition to the
United States mail, exempt organizations can use certain
private delivery services designated by the IRS to meet
the “timely mailing as timely filing/paying” rule for tax
returns and payments. These private delivery services
include only the following.
• DHL Express (DHL): DHL Same Day Service, DHL
Next Day 10:30 am, DHL Next Day 12:00 pm, DHL Next
Day 3:00 pm, and DHL 2nd Day Service.
• Federal Express (FedEx): FedEx Priority Overnight,
FedEx Standard Overnight, FedEx 2 Day, FedEx
International Priority, and FedEx International First.
• United Parcel Service (UPS): UPS Next Day Air, UPS
Next Day Air Saver, UPS 2nd Day Air, UPS 2nd Day Air
A.M., UPS Worldwide Express Plus, and UPS Worldwide
Express.
The private delivery service can tell you how to get
written proof of the mailing date.

Trust Instrument
When you file the first return for a charitable remainder
annuity trust or unitrust, include:
1. A copy of the trust instrument, and
2. A written declaration under penalties of perjury that
it is a true and complete copy.

Period To Be Covered by Return

For sample forms of trusts that meet the requirements
of a charitable remainder unitrust, see Rev. Procs.
2005-52 through 2005-59, 2005-34 I.R.B. 326, 339, 353,
367, 383, 392, 402, and 412.
For sample forms of a trust 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.

File Form 5227 for each calendar year. This revision of
the form is for the 2005 calendar year.

Accounting Methods
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.
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.

Rounding Off to Whole Dollars
You may round off cents to whole dollars on your return
and schedules. 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.
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.

When To File
File Form 5227 for calendar year 2005 on or before April
17, 2006.

Extension of Time To File
Use Form 8868 to request an automatic 3-month
extension of time to file. The request for an automatic

-2-

Page 3 of 12

Instructions for Form 5227

12:31 - 19-JAN-2006

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

termination of the payments, the remainder interest
(valued at 10% or more) is transferred to a charitable
organization described in section 170(c), or qualified
employer securities are transferred to an employee stock
ownership plan.
Charitable remainder unitrust. This is a trust under
section 664(d)(2) similar to a charitable remainder
annuity trust, except that it pays, at least annually, a fixed
percentage (not less than 5% but not more than 50%) of
the net fair market value of the trust’s assets.
Pooled income fund. This is a trust under section
642(c)(5) created and maintained by a charitable
organization described in section 170(b)(1)(A)(i)-(vi).
Donors to the fund receive a lifetime income interest and
the charitable organization receives the remainder
interest.

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.
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.

Specific Instructions
Identification Area
If you received a Form 5227 from the IRS with a peel-off
label, attach the label to the name and address area of
the return. If the name or address on the label is wrong,
draw a line through the incorrect portion and enter the
correct information.
If you did not receive a peel-off label, complete the
information called for at the top of the form as it appears
on Form SS-4, Application for Employer Identification
Number.

E. 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 and enter the date that the entity
was created.
Final return. Check this box if this is a final return
because the trust has terminated. If the trust or
beneficiary’s interest in the trust has terminated, check
the “Final K-1” box at the top of the Schedule K-1 (Form
1041).
Amended return. If you are filing an amended 2005
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.
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.
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, Change of Address, to
notify the IRS of the change.

Address
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.

A. Employer Identification Number (EIN)
Every trust that completes this return must have an
employer identification number (EIN). You can use one of
the following methods to apply for an EIN.
• Online - Click on the EIN link at www.irs.gov/
businesses/small. The EIN is issued immediately once
the application information is validated.
• By telephone at 1-800-829-4933.
• By mailing or faxing Form SS-4, Application for
Employer Identification Number. You may get this form
from the IRS or the Social Security Administration. If you
are going to apply by mail, send in the Form SS-4 at least
4 to 5 weeks before you need the number.
If the trust has not received its EIN by the time the return
is due, write “Applied for” in the space for the EIN. For
more details, see Pub. 583.
Note. The online application process is not yet available
for trusts with addresses in foreign countries or Puerto
Rico.

F. Unrelated Business Taxable Income
(section 664 trusts only)
If the charitable remainder trust has any unrelated
business taxable income (within the meaning of section
512 and related regulations) for 2005, all of the trust’s
income is subject to the same taxes (including estimated
tax payments) that are imposed on complex trusts under
Subchapter J of the Internal Revenue Code. The trust
cannot be taxed as a grantor trust.
If you answer “Yes,” in addition to Form 5227, file
Form 1041 (if a domestic trust). Use Form 1041 to report
all the trust’s income (not just the unrelated business
income) and its deductions (including the deduction for
distributions to beneficiaries) and to compute any tax
due. Use the regular trust rules contained in the
Instructions for Form 1041. You must also complete

B. Type of Entity
Charitable lead trust. This is a trust that pays a fixed
annuity or unitrust amount to a charitable organization for
a fixed number of years. Upon termination of the
payments, the remainder interest is transferred to a
noncharitable beneficiary.
Charitable remainder annuity trust. This is a trust
under section 664(d)(1) that pays a fixed dollar amount
(not less than 5% but not more than 50% of the initial net
fair market value of all property placed in trust), at least
annually, to one or more beneficiaries, at least one of
which is not a charitable organization, for life, or for a
specified number of years (not to exceed 20). Upon
-3-

Page 4 of 12

Instructions for Form 5227

12:31 - 19-JAN-2006

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

Schedule I of Form 1041 to determine whether the trust
is subject to any alternative minimum tax.
See the instructions for Part III on page 5 to determine
the amount of the current distribution to report to each
beneficiary on Form 1041, Schedule K-1.

corresponding lines on Form 5227 to report the interest,
dividends, capital gains, etc., from the flow-through entity.

Line 5—Farm Income or (Loss)

Part I—Ordinary Income

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.

Line 1—Interest Income

Line 6—Ordinary Gain or (Loss)

Report all taxable interest income that was received by
the trust. Examples of taxable interest include interest
from:
• 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.

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.

Deductions
Deductions are to be allocated as follows.
1. Allowable deductions directly attributable to one or
more classes of income items (i.e., 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.
3. Deductions not allocated under either 1 or 2 above
may be allocated in any manner.

Line 2a—Qualified Dividends

No deduction is ever allowed for:
The personal exemption under section 642(b),
Charitable contributions under section 642(c),
Net operating losses under section 642(d),
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 is not deductible in determining
taxable income and not allocated to nontaxable income
must be allocated to corpus. For a discussion on the
allocation of deductions to tax-exempt income, see the
Instructions for Form 1041.
All federal income taxes for which the split-interest
trust is liable because it has unrelated business taxable
income, and all taxes imposed by Chapter 42 of the
Internal Revenue Code (relating to private foundations),
are allocated to corpus.

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.
Qualified dividends are treated as a separate class of
ordinary income for purposes of ordering distributions.
See Ordering Rules on page 6 for more information on
distributions. See Pub. 550 for additional information on
qualified dividends, including holding period
requirements.

•
•
•
•
•
•
•

Line 2b—Ordinary Dividends

Line 17—Total Long-Term Capital Gain or
(Loss) for Tax Year

Enter on line 2b the total of all ordinary dividends,
including the qualified dividends reported on line 2a.

The total of long-term capital gains or losses from all
classes (described below) is entered on line 17a. 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 17b.
• 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 one year. Enter this gain on line 17c.
Undistributed, unrecaptured section 1250 gain on sales,
exchanges, etc., after May 6, 1997, is included in this
class.
• 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.

Line 3—Business Income or (Loss)
If the trust operated a business, report the income and
expenses on Schedule C, Profit or Loss From Business
(or Schedule C-EZ, Net Profit From Business) of Form
1040. See the instructions for F. Unrelated Business
Taxable Income on page 3. Enter the net profit or loss
from Schedule C or C-EZ on line 3.

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
-4-

Page 5 of 12

Instructions for Form 5227

12:31 - 19-JAN-2006

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

Inclusion of Amounts in Recipients’ Income

Part II—Accumulation Schedule

If there are two or more recipients, each will be treated as
receiving his or her pro rata share of the various classes
of income or corpus.

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, and
3. Nontaxable income.

Amounts distributed by a charitable remainder annuity
trust or a charitable remainder unitrust have the following
characteristics in the hands of the recipients:
• First, as ordinary income to the extent of ordinary
income 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 on
page 6.
• Second, as capital gains to the extent of the trust’s
undistributed capital gains. Undistributed capital gains of
the trust are determined on a cumulative net basis
without regard to any capital loss carrybacks and
carryovers. See the Netting Rules, Ordering Rules, and
Carryover Rules for capital gains below.
• Third, as nontaxable income to the extent of the trust’s
nontaxable income for the current year and undistributed
nontaxable income for prior years.
• Fourth, as a distribution of trust corpus. For this
purpose, “trust corpus” means the net fair market value of
the trust assets less the total undistributed income (but
not loss) in each of the above categories.

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 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.
For information on recordkeeping for long-term capital
gains or ordinary income, see the worksheets on pages
11 and 12.

Part III—Current Distributions
Schedule
You must give each recipient listed in Part III a Schedule
K-1 (Form 1041) that reflects that recipient’s current
distribution. Also, attach a copy of each Schedule K-1 to
Form 5227. See the Specific Instructions for Schedule
K-1 (Form 1041) for more information.

The accumulation distribution rules do not apply to
charitable remainder trusts.

Additional Rules for Capital Gains and
Losses

Beneficiary’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 beneficiary’s identifying
number.

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.
1. Among the long-term capital gain and loss classes:
a. A net loss from the 28% long-term capital gain
class reduces net gains in the following order:
• First, gain from the section 1250 long-term capital
gain class, then
• Net gain from the all other long-term capital gain
class, and finally
• Gain from the qualified 5-year long-term capital gain
class.
b. A net loss from the all other long-term capital gain
class reduces net gains in the following order:
• First, net gain from the 28% long-term capital gain
class, then
• Gain from the section 1250 long-term capital gain
class, and finally
• Gain from the qualified 5-year long-term capital gain
class.
2. A net short-term capital loss is applied to reduce
the net long-term capital gain classes as follows:
• First, net gain from the 28% long-term capital gain
class, then
• Gain from the section 1250 long-term capital gain
class, then
• Net gain from the all other long-term capital gain
class, and finally
• Gain from the qualified 5-year long-term capital gain
class.
3. An overall net long-term capital loss reduces any
net short-term capital gain.

Penalty. Under section 6723, the payer is charged a $50
penalty for each failure to provide a required taxpayer
identification number, unless reasonable cause is
established for not providing it. Explain any reasonable
cause in a signed affidavit and attach it to this return.

Substitute Forms
You do not need prior IRS approval for substitute
Schedules K-1 if it is an exact copy of the IRS schedule.
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:
Internal Revenue Service
Attention: Substitute Forms
Program Coordinator
IR-6406
SE:W:CAR:MP:T:T:SP
1111 Constitution Avenue, NW
Washington, DC 20224
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.

!

-5-

Page 6 of 12

Instructions for Form 5227

12:31 - 19-JAN-2006

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

Though the qualified 5-year gain provision has
been repealed for sales and other dispositions
CAUTION after May 5, 2003, these gains remain in a
separate class because the 5-year gain provision is
scheduled to come back into existence in 2009.
No additions may be made to this class for
dispositions after May 5, 2003, and before 2009, but
distributions may continue to be made from this class
during that period.

and the related allowance for doubtful accounts or
depreciable assets and accumulated depreciation. Enter
the net amounts in column (b).

!

Column (c)
In computing the net fair market value (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 taxable 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.

Ordering Rules
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 the all
other ordinary income class, and second from the
qualified dividends class.
Capital gain and loss. The following rules apply to
undistributed long-term capital gains on assets held more
than one year.
If, in any tax year of the trust, the trust has both
undistributed short-term capital gain and undistributed
long-term capital gain, the short-term capital gain is
deemed distributed before any long-term capital gain.
For 2005, any long-term capital gains are deemed to
be distributed in the following order:
1. The 28% long-term capital gain class is deemed
distributed prior to any other class.
2. The section 1250 long-term capital gain class is
deemed distributed prior to the all other long-term capital
gain class and the qualified 5-year long-term capital gain
class.
3. The all other long-term capital gain class is deemed
distributed prior to the qualified 5-year long-term capital
gain class.
4. The qualified 5-year long-term capital gain class is
deemed distributed last of any class.

Line 25—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. Do not
include advances to employees or officers or refundable
deposits paid to suppliers or others.

Line 26—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 one year.

Line 27—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 36,
Other assets.) Any receivables due from officers,
directors, trustees, foundation managers, or other
disqualified persons must be reported on line 28.
Receivables (including loans and advances) due from
other employees should be reported on line 36.

Carryover Rules
1. If the trust has capital losses in excess of capital
gains for any tax year:
a. 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.
b. 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.
2. If the trust has capital gains in excess of capital
losses for any tax year:
a. 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.
b. 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.

Line 28—Receivables Due From Officers,
Directors, Trustees, and Other Disqualified
Persons
Enter here (and in an attached schedule described
below) all receivables due from officers, directors,
trustees, and other disqualified persons and all secured
and unsecured loans (including advances) to such
persons.

Attached Schedule
1. In the required schedule, 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.
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

Part IV—Balance Sheet
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). All unitrusts
must also complete column (c).
Enter the end-of-year book value where space is
provided to the left of column (a) to report receivables
-6-

Page 7 of 12

Instructions for Form 5227

12:31 - 19-JAN-2006

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

made in connection with official business of the trust may
also be reported as a single total.

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.
Do not combine U.S. Government obligations with state
and municipal obligations on the attached schedule.

For each outstanding loan or other receivable that
must be reported separately, the attached schedule
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 is not 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 33—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 schedule 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 34—Investments—Other
Enter the amount of all other investment holdings not
reported on line 32 or line 33. Attach a schedule
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. Do not include program-related
investments. See instructions for line 36.

Line 29—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 28 and not acquired as
investments. Attach a schedule similar to that called for in
the line 28 instructions. The schedule 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 schedule.
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 is not required, but attach a schedule
indicating the total amount of each type of loan
outstanding. Report loans to officers, directors, trustees,
or other disqualified persons on line 28, and loans to
other employees on line 36.

Line 35—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 schedule 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.

Line 36—Other Assets
List and show the book value of each category of assets
not reportable on lines 25 through 35. Attach a separate
schedule if more space is needed.
One type of asset reportable on line 36 is
program-related investments made primarily to
accomplish a charitable purpose of the trust rather than
to produce income.

Line 30—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 37—Total Assets

Line 31—Prepaid Expenses and Deferred
Charges

Line 38—Accounts Payable and Accrued
Expenses

Columns (a) and (b) (and column (c) if a unitrust) must
always have an entry, even if it is zero.

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.

Enter the total accounts payable to suppliers and others,
and accrued expenses such as salaries payable, accrued
payroll taxes, and interest payable.

Line 39—Deferred Revenue
Include revenue that the organization has received but
not yet earned as of the balance sheet date under its
method of accounting.

Lines 32a, b, and c Investments—
Government Obligations, Corporate Stocks,
and Corporate Bonds

Line 40—Loans From Officers, Directors,
Trustees, and Other Disqualified Persons

Enter the book value (which may be market value) of
these investments. Attach a schedule that lists each
security 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. Do not include amounts shown
on line 26. Governmental obligations reported on line 32a

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
schedule that provides (for each loan) the name and title
of the lender and the information specified in the line 28
instructions.
-7-

Page 8 of 12

Instructions for Form 5227

12:31 - 19-JAN-2006

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

Line 41—Mortgages and Other Notes
Payable

Line 53
Use this amount to determine future accrued distribution
deficiencies.
Short tax years. To figure the annuity amount (line 48b)
or the unitrust amount (line 52) 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.

Enter the amount of mortgages and other notes payable
at the beginning and end of the year. Attach a schedule
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 28 instructions. The schedule should
also identify the relationship of the lender to any officer,
director, trustee, or other disqualified person.

Line 42—Other Liabilities
List and show the amount of each liability not reportable
on lines 38 through 41. Attach a separate schedule if
more space is needed.
Both annuity trusts and unitrusts should include any
advances from trustees on line 42. Unitrusts should also
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, do not include any make-up
amount for a net income charitable remainder trust
(NIMCRUT).

Part VI-A and B—Statements
Regarding Activities
Answer every question in these sections. If a line does
not apply, enter “N/A.”

Part VI-A
Line 1
A split-interest trust must have a governing 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 requirements of section 508(e) on
the trust.
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.

Line 43—Total Liabilities
Columns (a) and (b) (and column (c) if a unitrust) must
always have an entry, even if it is zero.

Line 47—Total Liabilities and Net Assets
Columns (a) and (b) must always have an entry, even if it
is zero.

Part V-A and B—Charitable
Remainder Trust Information
Line 49a
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
schedule showing the percentage of the total unitrust
dollar amount payable to each recipient. The sum of
these individual shares should be 100%.

Part VI-B

Line 49b

Complete Part VI-B 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 foundation excise taxes. These excise taxes
include:
• The section 4941 tax on self-dealing between the trust
and “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.
The split-interest trust pays these taxes on Form 4720.
For a detailed explanation of each of these taxes, see the
Instructions for Form 4720.
The excise taxes on private foundations do not 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 provision of the Code, if the
amounts are segregated (as defined in section

This line must always have an entry, even if it is zero.

Line 50a
Enter the trust’s 2005 accounting income determined
under the terms of the governing instrument and
applicable local law. Do not include extraordinary
dividends or taxable stock dividends that are determined
under the governing instrument and applicable local law
to be allocable to corpus.

Line 51a
Figure the total accrued distribution deficiencies from
previous years as follows.
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 52
Enter the total 2005 unitrust distributions reported in Part
III.
-8-

Page 9 of 12

Instructions for Form 5227

12:31 - 19-JAN-2006

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

4947(a)(3)) from amounts for which a deduction was
allowable; or
3. Transferred in trust before May 27, 1969.

goods or performing services, that is an unrelated trade
or business under section 513.
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.

Line 1
The activities listed on lines 1a(1) –(6) are considered
self-dealing under section 4941 unless one of the
exceptions described in Pub. 578 applies.
The terms “disqualified person” and “foundation
manager” are defined on page 1.

See section 4943(d)(3) for additional items that are
included in gross income from passive sources.

Line 3a

Line 1b

A private foundation is not 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. A similar exception applies to a
beneficial or profits interest in any business enterprise
that is a trust or partnership.

If you answered “Yes” to any of the questions in 1a, you
should answer “Yes” to 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 longand short-term financial needs of the trust in carrying out
its charitable purposes.
For more information on investments which jeopardize
charitable purposes, see Regulations section 53.4944-1.

Line 2
Under section 4947(b)(3)(A), a split-interest trust is not
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 similar Code section for personal holding
companies, foreign personal holding companies, 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.
Under section 4947(b)(3)(B), a split-interest trust is not
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.

Line 5
Grants by a trust to a public charity are not taxable
expenditures if the grants are not earmarked for use for
any of the activities described on lines 5a(1) –(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 recipient.
Grants made to exempt operating foundations (as
defined in section 4940(d)(2)) are not subject to the
expenditure responsibility provisions of section 4945. If
the trust made grants to such organizations, you do not
have to file Form 4720 for those grants. See the section
4945 regulations for more information.

Line 3

Line 5b

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.
There were grace periods of 15 or 20 years for certain
excess business holdings that the trust held on May 26,
1969. These holdings were considered held by
disqualified persons rather than the trust during the grace
period. The 15-year grace period expired on May 25,
1984. This period applied when a trust and all disqualified
persons together held 75% or more (but not more than
95%) interest in a business enterprise. The 20-year grace
period expired on May 25, 1989. It applied if the
combined holdings were more than 95%.
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

If you answered “Yes” to any of the questions in 5a, you
should answer “Yes” to 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 is not 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 is not 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
-9-

Page 10 of 12

Instructions for Form 5227

12:31 - 19-JAN-2006

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

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.

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.

Part VII—Questionnaire for Charitable
Lead Trusts, Pooled Income Funds,
and Charitable Remainder Trusts

Signature
Form 5227 must be signed by the trustee or by an
authorized representative.

Section A—Charitable Lead Trusts

If you, as trustee (or an employee or officer of the
trust), fill in Form 5227, the Paid Preparer’s space should
remain blank. If someone prepares this return without
charge, that person should not sign the return.

Line 1
The information on this line is used to determine whether
sections 4943 and 4944 apply for 2005.

Generally, anyone who is paid to prepare a tax return
must sign the return and fill in the other blanks in the Paid
Preparer’s Use Only area of the return.

Line 3
Enter the amount for payments described in sections
170(f)(2)(B), 2055(e)(2)(B), and 2522(c)(2)(B).

If you have questions about whether a preparer is
required to sign the return, please contact an IRS office.

Line 4
Enter the amount for payments permitted by Regulations
sections 1.170A-6, 20.2055-2, and 25.2522(c)-3.

The person required to sign the return as the preparer
must:
• 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.

Section B—Pooled Income Funds
Line 2
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.

Privacy Act and 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 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. Section 6109
requires return preparers to provide their identifying
numbers on the return.

Section C—Charitable Remainder Trusts
and Other Information

You are not 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 Code section
6103.

Line 2
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:
1. The payment is made within a reasonable time
after the close of the tax year, and
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 will not be deemed to have:

The time needed to complete and file this form will
vary depending on individual circumstances. The
estimated average time is:

• Engaged in self-dealing (section 4941),
• Unrelated debt-financed income (section 514),
• Received an additional contribution (Regulations

section 1.664-2(b) and 1.664-3(b)), or
• Failed to function exclusively as a charitable remainder
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.
Under Regulations section 1.664-1(d)(5), a distribution
of property (other than cash) is treated as a sale by the
trust.
Note. You must report the 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

Recordkeeping . . . . . . . . .

65 hr., 17 min.

Learning about the law or
the form . . . . . . . . . . . . . .

11 hr., 24 min.

Preparing the form . . . . . .

19 hr., 24 min.

Copying, assembling, and
sending the form to IRS . .

1 hr., 52 min.

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
write to the Internal Revenue Service, Tax Products
Coordinating Committee, SE:W:CAR:MP:T:T:SP,
IR-6406, 1111 Constitution Ave. NW, Washington, DC
20224. Do not send the tax form to this address. Instead,
see Where To File on page 2.

-10-

-11-

9. Carryforward to 2006 (line 7
less line 8) . . . . . . . . . . . . . . . .

28% long-term
capital gain class

Section 1250
long-term capital
gain class

All other
long-term capital
gain class

Qualified 5-year
long-term capital
gain class

Instructions for Form 5227

8. 2005 distributions . . . . . . . . . .

7. Total undistributed gains . . . .

6. Adjustments for netting any
short-term capital gain or
(loss) on line 3 (see netting
rules on page 5) . . . . . . . . . . .

5. Total . . . . . . . . . . . . . . . . . . . . .

4. Adjustments for netting any
long-term capital (losses) on
line 3 . . . . . . . . . . . . . . . . . . . . .

3. Total combined gain or (loss)
by class . . . . . . . . . . . . . . . . . .

2. Current year net gain or (loss)

1. Prior years undistributed gain
or (loss) . . . . . . . . . . . . . . . . . .

Short-term

Long-term

(KEEP FOR YOUR RECORDS)

Use this worksheet to determine the ordering of any capital gains distributions

Capital Gains Distribution Worksheet

Page 11 of 12
12:31 - 19-JAN-2006

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

(KEEP FOR YOUR RECORDS)

Current year ordinary income or (loss) . . . . .

Total combined ordinary income or (loss) by
class . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Adjustments for netting any ordinary (losses)
on line 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Total undistributed ordinary income . . . . . . .

2005 distributions . . . . . . . . . . . . . . . . . . . . . .

Carryforward to 2006 (line 5 less line 6) . . . .

2.

3.

4.

5.

6.

7.

1. Prior years undistributed ordinary income or
(loss) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

All other ordinary income

Use this worksheet to determine the ordering of any ordinary income distributions

Ordinary Income Distribution Worksheet

Qualified dividends

Page 12 of 12
Instructions for Form 5227
12:31 - 19-JAN-2006

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

-12-