Maryland General Form of Trust Agreement for Minor Qualifying for Annual Gift Tax Exclusion
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How to fill out General Form Of Trust Agreement For Minor Qualifying For Annual Gift Tax Exclusion?
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FAQ
Gifts in trust do not qualify for the annual exclusion unless the trust either qualifies as a Minor's Trust under Internal Revenue Code Section 2503(c) or has certain temporary withdrawal powers called Crummey powers.
By the federal tax code, gift tax applies only to individuals, not to trusts.
The key difference between a 2503(c) trust and a 2503(b) trust is the distribution requirement. Parents who are concerned about providing a child or other beneficiary with access to trust funds at age 21 might be better off with a 2503(b), since there is no requirement for access at age 21.
There is no limit to how much you can transfer into the trust. Of course, the trust is irrevocable, so once you have transferred the assets, you can't use them or benefit from those assets, and if you do, they will likely be included in your estate for tax purposes.
A minor's trust can be created for a beneficiary under the age of 21 pursuant to Internal Revenue Code Section 2503(c). Gifts to the trust will be treated as gifts of present interests in property, qualifying for the annual exclusion, notwithstanding the trustee controls the use of the property in the trust.
Gifts in trust do not qualify for the annual exclusion unless the trust either qualifies as a Minor's Trust under Internal Revenue Code Section 2503(c) or has certain temporary withdrawal powers called Crummey powers.
Each year, a person can make transfers of $14,000 to the trust without any gift tax consequences. Moreover, the annual gift tax exclusion applies to each recipient, so multiple gifts in that amount can be made to as many children, grandchildren, or other individuals as the donor wishes.
A gift in trust is a way to avoid taxes on gifts that exceed the annual gift tax exclusion amount. One type of gift in trust is a Crummey trust, which allows gifts to be given for a specific period, establishing the gifts as a present interest and eligible for the gift tax exclusion.
A Section 2503(c) trust allows all the principal and income to be used for the child until he reaches the age of 21, unlike the 2503(b) trust that extends beyond age 21 and requires income to be paid to the child annually. The trustee can pay the child's college expenses from the 2503(c) trust.
Section 2503(b) is also known as a Qualifying Minor's Trust or Mandatory Income Trust. This is an irrevocable trust which requires distribution of income on an annual basis. Most often, distributed funds are placed into a custodial bank account until the child reaches legal age.
