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A qualified domestic trust (QDOT) allows surviving spouses who are not U.S. citizens to take the full marital deduction on estate taxes. If you are married to someone who is a citizen of another country, it may make sense to establish and fund a QDOT.
A QTIP (qualified terminable interest property) is a special kind of trust that allows married people to control distribution of assets to their spouses while still taking advantage of the marital deduction. A QDOT allows the same, but is usually used by couples that have one U.S. citizen and one non-citizen spouse.
To legally be a QDOT, a trust must be a US trust that meets the following requirements: It must be structured as a power of appointment trust, a qualified terminable interest property trust (QTIP trust), a qualified charitable remainder trust (qualified CRT), or an estate trust.
A qualified domestic trust (QDOT) is a special kind of trust that allows taxpayers who survive a deceased spouse to take the marital deduction on estate taxes, even if the surviving spouse is not a U.S. citizen.
What Is an Example of a QDOT Trust? For example, if the tax bill on your estate amounts to $15 million upon your death, a QDOT prevents that $15 million from immediately going to the government when your estate tax return is filed.