Title 26Internal Revenue CodeRelease 119-73

§652 Inclusion of amounts in gross income of beneficiaries of trusts distributing current income only

Title 26 › Subtitle Subtitle A— - Income Taxes › Chapter CHAPTER 1— - NORMAL TAXES AND SURTAXES › Subchapter Subchapter J— - Estates, Trusts, Beneficiaries, and Decedents › Part PART I— - ESTATES, TRUSTS, AND BENEFICIARIES › Subpart Subpart B— - Trusts Which Distribute Current Income Only › § 652

Last updated Apr 6, 2026|Official source

Summary

If a trust must pay out its current income, the people who are supposed to get that income must count it as their taxable income for the year, even if they did not actually receive the money. If the total required payouts are more than the trust’s distributable net income, each person includes a share of the trust’s distributable net income in the same ratio as their required share of the total payouts. The type of income (for example, interest, dividends, or capital gains) keeps the same tax character for the person as it had in the trust, unless the trust says otherwise. Deductions are split among income types under IRS rules. If the beneficiary’s tax year is different from the trust’s, use the trust tax year(s) that end during the beneficiary’s tax year to figure the amount.

Full Legal Text

Title 26, §652

Internal Revenue Code — Source: USLM XML via OLRC

(a)Subject to subsection (b), the amount of income for the taxable year required to be distributed currently by a trust described in section 651 shall be included in the gross income of the beneficiaries to whom the income is required to be distributed, whether distributed or not. If such amount exceeds the distributable net income, there shall be included in the gross income of each beneficiary an amount which bears the same ratio to distributable net income as the amount of income required to be distributed to such beneficiary bears to the amount of income required to be distributed to all beneficiaries.
(b)The amounts specified in subsection (a) shall have the same character in the hands of the beneficiary as in the hands of the trust. For this purpose, the amounts shall be treated as consisting of the same proportion of each class of items entering into the computation of distributable net income of the trust as the total of each class bears to the total distributable net income of the trust, unless the terms of the trust specifically allocate different classes of income to different beneficiaries. In the application of the preceding sentence, the items of deduction entering into the computation of distributable net income shall be allocated among the items of distributable net income in accordance with regulations prescribed by the Secretary.
(c)If the taxable year of a beneficiary is different from that of the trust, the amount which the beneficiary is required to include in gross income in accordance with the provisions of this section shall be based upon the amount of income of the trust for any taxable year or years of the trust ending within or with his taxable year.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1976—Subsec. (b). Pub. L. 94–455 struck out “or his delegate” after “Secretary”.

Reference

Citations & Metadata

Citation

26 U.S.C. § 652

Title 26Internal Revenue Code

Last Updated

Apr 6, 2026

Release point: 119-73