Special Needs Trust Tax Rules With Students

State:
Multi-State
Control #:
US-03304BG
Format:
Word; 
Rich Text
Instant download

Description

The Special Needs Trust Tax Rules with Students document outlines the framework for a supplemental needs trust designed to benefit individuals with disabilities while allowing them to maintain eligibility for government benefits. It establishes the roles of the grantor, trustee, and beneficiary, detailing how the trust fund is to be used. Key features include the irrevocability of the trust, the allowance for additional funding from various sources, and the flexibility granted to the trustee to make discretionary payments for the beneficiary's care without diminishing their eligibility for government assistance. Filling instructions emphasize accuracy in naming the parties involved and the necessity of including addresses. It's crucial for legal professionals to tailor the trust provisions to meet the specific needs of the beneficiary, particularly for students, who may require distinct considerations as they transition into adulthood. This trust is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants assisting families in securing assets while protecting eligibility for benefits. The trust allows for strategic planning and management of resources without compromising the beneficiary's financial support from state or federal programs.
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  • Preview Supplemental Needs Trust for Third Party - Disabled Beneficiary
  • Preview Supplemental Needs Trust for Third Party - Disabled Beneficiary
  • Preview Supplemental Needs Trust for Third Party - Disabled Beneficiary
  • Preview Supplemental Needs Trust for Third Party - Disabled Beneficiary
  • Preview Supplemental Needs Trust for Third Party - Disabled Beneficiary
  • Preview Supplemental Needs Trust for Third Party - Disabled Beneficiary
  • Preview Supplemental Needs Trust for Third Party - Disabled Beneficiary
  • Preview Supplemental Needs Trust for Third Party - Disabled Beneficiary
  • Preview Supplemental Needs Trust for Third Party - Disabled Beneficiary
  • Preview Supplemental Needs Trust for Third Party - Disabled Beneficiary
  • Preview Supplemental Needs Trust for Third Party - Disabled Beneficiary

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FAQ

Credit is calculated at 20-35 percent of expenses, based on AGI. The maximum credit per dependent is $600 for one child, $1,200 for 2 or more. Planning strategy ? use the first $3,000-$5,999 of special schooling costs to claim this credit; any remaining costs can be deducted as medical expenses.

First-Party or Self-Funded Special Needs Trusts Any income earned on the funds invested in the first-party trust is always taxable to the beneficiary in the year it is earned, regardless of when or if it is distributed to the beneficiary.

It is important to remember that the SNT cannot deduct expenses like rent and food. Deductions can be for medical care, custodial care, support services, and similar care not provided by public benefits programs.

Income retained by the trust will be taxed to the trust. Practically, with most smaller trusts, there's no real difference in the tax treatment of the two types of trusts, since they use all their annual income for the benefit of the individual with special needs.

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Special Needs Trust Tax Rules With Students