Nevada Qualified Subchapter-S Trust for Benefit of Child with Crummey Trust Agreement
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How to fill out Qualified Subchapter-S Trust For Benefit Of Child With Crummey Trust Agreement?
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FAQ
A QSST is one of several types of trusts that are eligible to hold stock in an S corporation. Its two primary requirements are (1) there can be only one beneficiary of the trust and (2) all income must be distributed at least annually (Sec.
A Qualified Subchapter S Trust, commonly referred to as a QSST Election, or a Q-Sub election, is a Qualified Subchapter S Subsidiary Election made on behalf of a trust that retains ownership as the shareholder of an S corporation, a corporation in the United States which votes to be taxed.
This trust type is established by your will. It's an eligible S corporation shareholder for up to two years after the transfer and then must either distribute the stock to an eligible shareholder or qualify as a QSST or ESBT.
The main difference between an ESBT and a QSST is that an ESBT may have multiple income beneficiaries, and the trust does not have to distribute all income. Unlike with the QSST, the trustee, rather than the beneficiary, must make the election.
The trustee manages assets of Crummey trusts, and you set terms that determine when distributions should be made. A Crummey Trust is generally more flexible and advantageous than a 529 college savings account. Multiple beneficiaries can be included in the trust, including beneficiaries over 21.
Crummey trusts are typically used by parents to provide their children with lifetime gifts while sheltering their money from gift taxes as long as the gift's value is equal to or less than the permitted annual exclusion amount.
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.
Thus, if a grantor wants to leave S corp stock to a trust for her family members after her death without terminating the company's election, the trust must qualify either as an electing small business trust (ESBT) or as a qualified subchapter s trust (QSST).
Advantages of a Crummey TrustA 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.More items...?
Net investment income tax of a QSST 1411(a)(2)). The tax also applies to QSSTs to the extent the net investment income is retained in the trust. Although the S corporation income of a QSST is taxed to the individual income beneficiary, capital gain on the sale of the S corporation stock is taxed at the trust level.
