Arizona Grantor Retained Annuity Trust
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FAQ
An Arizona Grantor Retained Annuity Trust (GRAT) allows a grantor to transfer assets to beneficiaries while retaining an annuity payment for a specified term. During this period, the grantor receives regular payments based on the value of the assets placed in the trust. At the end of the term, any remaining assets pass to the beneficiaries, potentially reducing taxes on the estate. This strategy is advantageous for individuals aiming to maximize wealth transfer while minimizing gift tax liabilities.
In a GRAT, you receive a fixed amount from year to year (an annuity). In a GRUT, by contrast, you receive an amount equal to a fixed percentage of the trust assets (a unitrust).
Grantor Retained Income Trust, Definition A grantor retained income trust allows the person who creates the trust to transfer assets to it while still being able to receive net income from trust assets. The grantor maintains this right for a fixed number of years.
Grantor-retained trusts are irrevocable trusts created to reduce estate taxes. With each, the grantor receives some form of income from the trust for a set amount of years, and then the property is transferred to a beneficiary free of estate taxes.
Tax Implications of the GRAT During the term of the GRAT, the Donor will be taxed on all of the income and capital gains earned by the trust, without regard to the amount of the annuity paid to the Donor.
A GRAT may be an ideal vehicle for the transfer of significant appreciation on an asset. Assume the client owns an interest in a business that may go public in the near future. If the client transfers the business interest to a short-term zeroed-out GRAT, most of the appreciation will be transferred tax free.
GRATs are taxed in two ways: Any income you earn from the appreciation of your assets in the trust is subject to regular income tax, and any remaining funds/assets that transfer to a beneficiary are subject to gift taxes.
In other words, during the initial term of the GRAT (the term that the Grantor is to receive the annuity payments) the Grantor will be taxed on all of the income earned by the GRAT during each such year, including capital gains.