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Qualified terminable interest trusts (QTIP trusts) are an estate planning tool used to maximize a couple's applicable exclusion amounts while qualifying for the marital deduction. Full property interest transfers to spouses do not trigger most gift or estate taxes under the marital deduction.
The property within the QTIP trust providing income to a surviving spouse qualifies for marital deductions, meaning the value of the trust is not taxable after the first spouse's death.
To create a QTIP trust, you'll make a QTIP election on IRS estate tax return form 706. List the chosen assets (called the ?qualified terminable interest property?) and their value on Part A of Schedule M. There are a few requirements: The surviving spouse must be a U.S. citizen.
Legally, to qualify as a QTIP trust, the trust is required to pay all of its income to the spouse beneficiary, and there can't be any other beneficiaries during that spouse's lifetime. This allows couples to ensure that a spouse is taken care of financially.
A QTIP trust is more restrictive than a marital trust, since it limits the surviving spouse's control. The surviving spouse is limited to the income and cannot choose the final beneficiaries of the QTIP trust assets. Estate taxes are deferred until the death of the surviving spouse.