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The 5 and 5 power clause exists to either effectively minimize capital gains taxes on the contents of a trust or distribute a large sum of money piece-by-piece over a period of multiple years. It is defined by the annual distribution of the greater of either: $5,000, or. 5 percent of the trust's total fair market value.
What Is 5 by 5 Power? A 5 by 5 power clause in a trust document gives the beneficiary the right to withdraw either $5,000 or 5% of the fair market value of the trust account per year, whichever is greater. This is in addition to the regular income payout benefit of the trust.
A 5 by 5 Power in Trust is a clause that lets the beneficiary make withdrawals from the trust on a yearly basis. The beneficiary can cash out $5,000 or 5% of the trust's fair market value each year, whichever is a higher amount.
The idea behind the 5-by-5 rule is pretty straightforward. If something won't matter five years down the line, don't bother wasting more than five minutes obsessing over it.