Instructions for Form 5227 - Introductory Material
For the latest information about developments related to Form 5227 and its instructions, such as legislation enacted after
they were published, go to www.irs.gov/form5227.
Net Investment Income Tax (NIIT).
Beginning in 2013, charitable remainder trusts will begin tracking net investment income (NII) received and distributed.
Part II and Schedule A are updated to report the new tracking of NII receipts and distributions. Charitable remainder trusts
(CRT) may elect to apply a simplified NII calculation (reported on Part I-B of Schedule A). For charitable remainder trusts
that own interests, directly or indirectly, in certain controlled foreign corporations (CFCs) or certain passive foreign investment
companies (PFICs), the trust may make a special election to align the NIIT treatment of those CFCs and PFICs with their treatment
for regular tax purposes. See the instructions to line 92 for more information.
Pooled income funds and nongrantor charitable lead trusts will be subject to the NIIT, but there are no additional
reporting requirements on the Form 5227 for these entities. Pooled income funds and nongrantor charitable lead trusts will
calculate their NII and report any NIIT liability on the Form 1041.
Do not include Social Security numbers on publicly disclosed forms. Because the IRS is required to publicly disclose the organization’s annual information returns, Social Security numbers should
not be included on this form. Documents subject to disclosure include attachments filed with the form. Schedule A, the trust
agreement, and any other attachment regarding the non-charitable beneficiary will not, however, be disclosed.