• videocam On-Demand Webinar
  • signal_cellular_alt Intermediate
  • card_travel Estate Planning
  • schedule 90 minutes

Taxation of Special Needs Trusts: First-Party vs. Third-Party Trusts, Reporting, Tax Planning

About the Course

Introduction

This CLE/CPE webinar will provide estate planners and advisers guidance on the taxation of special needs trusts (SNT). The panel will discuss distinctions between first-party and third-party trusts, reporting requirements, tax planning strategies to avoid adverse tax implications, and other key considerations for practitioners working with these trusts or clients in need of SNTs.

Description

SNTs are an integral part of estate planning, but counsel must know when SNTs are appropriate, understand the challenges for first-party vs. third-party trusts, and grasp the taxation and reporting requirements when administering these trusts.

The fiduciary and reporting responsibilities for SNTs are among the most complex. They can be structured as a third-party trust, where the income can be taxed at the beneficiary or trust level. However, if structured as a first-party trust, the income is always taxable to the beneficiary, even when there are no distributions. Understanding when to distribute income can provide significant tax savings or needed cash flow for a trust and its beneficiary.

Estate planners and advisers working with these trusts or who have clients that could benefit from an SNT need to understand the reporting responsibilities and planning opportunities that come with these trusts.

Listen as our panel discusses first-party and third-party trusts, reporting requirements, tax planning strategies, and other key considerations for practitioners working with these trusts or clients in need of SNTs.

Presented By

Diedre Wachbrit Braverman
Managing Attorney
Braverman Law Group, LLC

Ms. Braverman practices in the areas of estate planning, special needs planning, asset protection, elder law and business planning.

Jennifer Marie McInerney
Attorney
McInerney Law Firm, LLC

Ms. McInerney's primary practice areas include Wills and Trusts, Special Needs Planning, Estate Administration, Trust Administration, Business Succession Planning/Formation, Guardianships (and alternatives), and Conservatorships. She is a graduate and member of Leadership Birmingham (2022) and Leadership Shelby County (20212). Ms. McInerney is a proud graduate of Partners in Policymaking Alabama “PIPA” (2021). She is also a member of the Birmingham Bar, Solo/Small Firm Section of the Alabama State Bar, and the Probate Section of the Birmingham Bar. 

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Monday, April 20, 2026

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

I. Overview of SNTs

II. First-party vs. third-party SNTs

A. Reporting requirements

B. Distributions

III. Coordinating with ABLE accounts

IV. Best practices and pitfalls to avoid

The panel will review these and other key issues:

  • Tax issues to consider in the drafting process
  • Recognizing first- and third-party SNTs
  • Key reporting differences between first- and third-party SNTs
  • 1041 filing options for first-party SNTs
  • Coordinating an ABLE account and an SNT