Common use of Treatment as shareholder Clause in Contracts

Treatment as shareholder. (i) The income beneficiary who makes the QSST election and is treated (for pur- poses of section 678(a)) as the owner of that portion of the trust that consists of S corporation stock is treated as the shareholder for purposes of sections 1361(b)(1), 1366, 1367, and 1368. (ii) If, upon the death of an income beneficiary, the trust continues in ex- istence, continues to hold S corpora- tion stock but no longer satisfies the QSST requirements, is not a qualified subpart E trust, and does not qualify as an ESBT, then, solely for purposes of section 1361(b)(1), as of the date of the income beneficiary’s death, the estate of that income beneficiary is treated as the shareholder of the S corporation with respect to which the income bene- ficiary made the QSST election. The estate ordinarily will cease to be treat- ed as the shareholder for purposes of section 1361(b)(1) upon the earlier of the transfer of that stock by the trust or the expiration of the 2-year period beginning on the day of the income beneficiary’s death. During the period that the estate is treated as the share- holder for purposes of section 1361(b)(1), the trust is treated as the shareholder for purposes of sections 1366, 1367, and 1368. If, after the 2-year period, the trust continues to hold S corporation stock and does not otherwise qualify as a permitted shareholder, the corpora- tion’s S election terminates. If the ter- mination is inadvertent, the corpora- tion may request relief under section 1362(f).