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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.
For those using life insurance to fund a trust, be sure you have made that clear via beneficiary designations. If the parents pass away, the life insurance policies would pay out to the trust. The designated trustee would then manage the trust assets on behalf of the minor children.
Is an irrevocable life insurance trust (ILIT) a grantor trust? A13. Usually, yes. Most ILITs are grantor trusts since these trust instruments typically provide that income may be applied toward the payment of premiums on policies insuring the grantor's life (or the grantor's spouse's life).
The revocable trust can be used to own the life insurance or be the beneficiary of the life insurance. The benefit of the revocable trust holding the life insurance is that if you were to become incapacitated, your successor trustee will be able to keep administering the life insurance policy on your behalf.
The grantor can also establish an irrevocable life insurance trust (usually a separate trust) to provide liquidity to the heirs if the he/she dies during the term of the GRAT.
GRATs may provide payments for a term of years or for the life of the Grantor.
A grantor retained annuity trust is a type of irrevocable gifting trust that allows a grantor or trustmaker to potentially pass a significant amount of wealth to the next generation with little or no gift tax cost. GRATs are established for a specific number of years.
The annuity amount is paid to the grantor during the term of the GRAT, and any property remaining in the trust at the end of the GRAT term passes to the beneficiaries with no further gift tax consequences.
Trust-owned life insurance is a type of life insurance housed inside a trust. TOLI is commonly used by individuals as a tool for estate planning purposes. The assets bequeathed to beneficiaries that are housed within the trust can sidestep onerous tax obligations.