District of Columbia Irrevocable Funded Life Insurance Trust where Beneficiaries Have Crummey Right of Withdrawal with First to Die Policy with Survivorship Rider
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FAQ
Tax Treatment: The trust is usually a Complex Trust; IRC §2642(a) for Crummey notice. Definition: A trust that pays income to designated person during the Grantor's lifetime.
Crummey Trusts and Crummey Powers Since the beneficiaries do not have to pay any income taxes when they receive the proceeds of the life insurance policy, the Crummey trust allows the transfer of considerable wealth tax-free.
A Crummey Trust allows you to take advantage of the gift tax exclusions and simultaneously minimize your estate taxes. You do not have to provide an opportunity for the beneficiary to withdraw the entire balance of the trust until a certain age. A Crummey trust can have multiple beneficiaries.
Despite the Tax Court's rulings, the IRS continues to review and challenge ILIT contributions and their qualifications as annual exclusion gifts during audits. Thus, clients generally should still be advised to give actual written notice to Crummey powerholders upon each gift to a trust.
Named after the court case that gave rise to the rule, a Crummey Notice is simply a letter letting a beneficiary know that assets have been added to a trust and informing the beneficiary of his/her right to withdraw those assets if applicable.
If the proper criteria are met during your lifetime, upon your death, the trust assets will not be included in your estate for estate tax purposes. The beneficiaries of the trust will not have to pay income taxes on the life insurance proceeds that they ultimately receive.
A Right of Withdrawal Trust, a.k.a. a Crummey Trust is an irrevocable trust used by parents, grandparents, etc., to make gifts to a trust for their children and grandchildren, taking advantage of their annual gift tax exclusion.
Technically, the trustee of the trust should send out "Crummey letters" each year informing beneficiaries they can withdraw the gifted amount during a specified window, perhaps 30 days. Usually, the beneficiary leaves the money in the trust.
Crummey powers give the beneficiary a limited time (often 30, 45 or 60 days) to withdraw contributions to a trust at will, converting the future interest gift to a present interest gift. This withdrawal right is generally limited to an amount equal to the current annual gift tax exclusion.
The Crummey notices may be made via electronic mail, i.e., email, to each of the current beneficiaries. If your trustee elects to do this, he or she should request the beneficiary acknowledge receipt in a return e-mail. The e-mail can also be electronically filed and/or printed and stored for record keeping.