### Question
What is the definition of qualified funeral trust?


### Answer
The definition of **qualified funeral trust** is as follows in *26 U.S.C. § 685*:

> any trust (other than a foreign trust) if—



(1) the trust arises as a result of a contract with a person engaged in the trade or business of providing funeral or burial services or property necessary to provide such services,



(2) the sole purpose of the trust is to hold, invest, and reinvest funds in the trust and to use such funds solely to make payments for such services or property for the benefit of the beneficiaries of the trust,



(3) the only beneficiaries of such trust are individuals with respect to whom such services or property are to be provided at their death under contracts described in paragraph (1),



(4) the only contributions to the trust are contributions by or for the benefit of such beneficiaries,



(5) the trustee elects the application of this subsection, and



(6) the trust would (but for the election described in paragraph (5)) be treated as owned under subpart E by the purchasers of the contracts described in paragraph (1)

#### Citation:
  - *26 U.S.C. § 685*
  - Heading: **Subtitle A-Income Taxes > CHAPTER 1-NORMAL TAXES AND SURTAXES > Subchapter J-Estates, Trusts, Beneficiaries, and Decedents > PART I-ESTATES, TRUSTS, AND BENEFICIARIES > Subpart F-Miscellaneous**

