Oregon Qualified Subchapter-S Trust for Benefit of Child with Crummey Trust Agreement

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This form is for a qualified subchapter-s trust for benefit of child with a crummey trust agreement.

The Oregon Qualified Subchapter-S Trust for the Benefit of a Child with a Crummy Trust Agreement is a specialized legal arrangement that allows family members to contribute funds to a trust on behalf of a child. This particular type of trust offers certain tax advantages while ensuring that the child will have financial resources available to them in the future. The Crummy provision refers to a specific feature in the trust agreement that allows the child to make limited withdrawals from the trust each year. This provision is named after the landmark court case, Crummy v. Commissioner, which established the legality of this strategy. By granting the child the ability to withdraw funds, the trust qualifies for the annual gift tax exclusion. The Oregon Qualified Subchapter-S Trust is designed to take advantage of the tax benefits afforded to Subchapter-S corporations. This type of trust operates similarly to an S-corporation, allowing for pass-through taxation and avoiding the double taxation typically associated with regular corporations. By using this trust structure, the trust assets can grow tax-free, making it an attractive option for long-term wealth accumulation on behalf of the child. There are three main types of Oregon Qualified Subchapter-S Trusts for the Benefit of a Child with a Crummy Trust Agreement: 1. Irrevocable Crummy Trust: This is the most common type of trust used for this purpose. Once the assets are transferred into the trust, they cannot be reclaimed by the donor. The child can make limited withdrawals based on the Crummy provision, but the principal remains intact for the child's future benefit. 2. Testamentary Crummy Trust: This type of trust is established through the donor's will and only takes effect upon their death. It ensures that the child will have access to financial resources after the donor passes away. 3. Minor's Trust: This trust is specifically designed for minors and provides a mechanism for managing and distributing assets on their behalf until they reach a certain age. It offers flexibility in terms of when and how the child can access the funds. Overall, the Oregon Qualified Subchapter-S Trust for the Benefit of a Child with a Crummy Trust Agreement is an effective method to maximize tax benefits while securing the financial future of a child. It provides an opportunity for family members to contribute to the child's well-being while ensuring the proper management and growth of the trust assets.

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FAQ

Testamentary trusts. 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 benefit of a QSST from a tax perspective is that the income beneficiary is treated as the deemed owner over the portion of the trust that consists of stock in the S corporation. This means that the trust's allocable portion of the S corporation income is reported directly by the beneficiary.

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.

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.

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.

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 beneficiary will normally be a natural person, but it is perfectly possible to have a company as the beneficiary of a trust, and this often happens in sophisticated commercial transaction structures.

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).

More info

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Oregon Qualified Subchapter-S Trust for Benefit of Child with Crummey Trust Agreement