qualified disability trust

(2) Trusts (A) In general Except as otherwise provided in this paragraph, a trust shall be allowed a deduction of $100. (B) Trusts distributing income currently A trust which, under its governing instrument, is required to distribute all of its income currently shall be allowed a deduction of $300. (C) Disability trusts (i) In general A qualified disability trust shall be allowed a deduction equal to the exemption amount under section 151(d), determined— (I) by treating such trust as an individual described in section 68(b)(1)(C), and (II) by applying section 67(e) (without the reference to section 642(b)) for purposes of determining the adjusted gross income of the trust. (ii) Qualified disability trust For purposes of clause (i), the term “qualified disability trust” means any trust if— (I) such trust is a disability trust described in subsection (c)(2)(B)(iv) of section 1917 of the Social Security Act ( 42 U.S.C. 1396p ), and (II) all of the beneficiaries of the trust as of the close of the taxable year are determined by the Commissioner of Social Security to have been disabled (within the meaning of section 1614(a)(3) of the Social Security Act, 42 U.S.C. 1382c(a)(3) ) for some portion of such year. A trust shall not fail to meet the requirements of subclause (II) merely because the corpus of the trust may revert to a person who is not so disabled after the trust ceases to have any beneficiary who is so disabled. (iii) Years when personal exemption amount is zero (I) In general In the case of any taxable year in which the exemption amount under section 151(d) is zero, clause (i) shall be applied by substituting “$4,150” for “the exemption amount under section 151(d)”. (II) Inflation adjustment In the case of any taxable year beginning in a calendar year after 2018, the $4,150 amount in subparagraph (A) shall be increased in the same manner as provided in section 6334(d)(4)(C).


26 USC § 642(b)(2)

Scoping language

in this paragraph
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