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How a California QPRT Works. The first step is to work with your qualified California estate attorney and draft California QPRT that fits your family's needs. Then you gift the property to the trust and transfer your residence by deed. You retain the right to reside in the home for a specific number of years.
If a QPRT home is sold, then the Grantor has two years to reinvest the proceeds into the purchase of a new home. If this rule is satisfied, then the QPRT status will continue. However, the new home must meet the trust requirements. Further, the trust terms must allow the trust to hold proceeds of a sale.
A qualified personal residence trust (QPRT) is a specific type of irrevocable trust that allows its creator to remove a personal home from their estate for the purpose of reducing the amount of gift tax that is incurred when transferring assets to a beneficiary.
Most QPRTs do not generate any income and an income tax return is not typically required. If the property generates income, a Grantor Trust Tax Return, Form 1041, may be required.
The value of that gift is the excess of the value of the property you transferred over the value of the interest you kept. The value of your retained interest is found by multiplying the principal by the present value of an annuity factor for the number of years the trust will run.