Trust and Partnerships K-1s issue

[thetaxdoctor]

Hi,

There is a trust that is the owner of a K-1 and the taxpayer also has a K-1 for the same entity as an individual.

Should the K-1 where the trust is listed as an owner be allocated for on a separate trust return versus on the taxpayer's return?

It might an inter-vivos trust, does that type of trust have to file a separate trust return? There are also multiple states that have documents related only to the portion where the trust is listed as the owner not the individual.

Thanks.

[Just-Lisa-Now-]

So the trust and the individual were both partners or beneficiaries of another entity? (you dont mention which flavor of K-1 youre dealing with)

[thetaxdoctor]

yes and it is a 1065 K-1 for a partnership

[Just-Lisa-Now-]

If you've got a 1065 K-1 in a trust EIN, and the amount of income on it generates a filing requirement, Im thinking you need to file the trust return.