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Yes, a QTIP trust is typically included in the surviving spouse's estate. This inclusion occurs because the trust assets are considered part of the surviving spouse’s estate for estate tax purposes. However, the surviving spouse may benefit from potential tax advantages, especially with proper planning. You should consider the Vivos qtip donors document withdrawal strategies to help optimize your estate planning.
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.
If you give someone cash or property valued at more than the 2023 annual exclusion limit of $17,000 ($34,000 for married joint filers), you'll have to fill out Form 709 for gift tax purposes.
First, complete the General Information section on part one of the form. Line 12 would also allow you to check off on whether you and your spouse made joint gifts for the tax year. If not, you may skip lines 13 through 18. Note that your spouse must also sign Form 709 in the appropriate spot if you made joint gifts.
The surviving spouse named within a QTIP trust typically receives payments from the trust based on the income the trust generates, similar to stock dividends. Payments can be made from the principal if the grantor allows it when the trust is created.
A reverse QTIP trust operates the same way as a QTIP trust, with the exception being the decedent allocates his or her remaining generation-skipping transfer (GST) tax exemption to the assets funding the reverse QTIP trust.