TN 25 (03-24)

RS 01802.033 Fiduciaries


Fiduciaries, including administrators, executors, legal guardians, receivers, and trustees, ordinarily are not employees. See RS 02101.630.

Services not performed as an employee may constitute a trade or business in certain situations, i.e., if:

  1. a. 

    They are an attorney and the service is part of the law practice, or;

  2. b. 


    • There is a trade or business among the assets of the estate, and;

    • The fiduciary actively participates in the operation of this trade or business, and;

    • The fees of the fiduciary are related to the operation of the trade or business, or;

  3. c. 

    An extremely large estate requires extensive time and effort to manage.

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RS 01802.033 - Fiduciaries - 03/20/2024
Batch run: 03/20/2024