Rhode Island Qualified Personal Residence Trust One Term Holder

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Multi-State
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US-0681BG
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Description

Establishing a Qualified Personal Residence Trust (QPRT) involves transferring the residence to a trust that names the persons who are to receive the residence at the end of the stated term, usually a child or children of the donor. The donor is the trustee and maintains control of the trust and the residence during the selected term. The donor is still considered the owner for income tax purposes. The donor continues to make mortgage payments, if any, and pays for property taxes, insurance and routine maintenance. As a result the donor gets to take the income tax deductions related to the property. He or she also receives the tax benefits associated with the sale of a principal residence.
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FAQ

It is possible for a trust to have multiple grantors. If more than one person funded the trust, then they will each be treated as grantors in proportion to the value of the cash or property that they each provided to fund the trust.

A qualified personal residence trust (QPRT) is a trust to which a person (called the settlor, donor, or grantor) transfers his personal residence. The grantor reserves the right to live in the house for a period of years; this retained interest reduces the current value of the gift for gift tax purposes.

A qualified personal residence trust (QPRT) is a specific type of irrevocable trust that allows its creator to remove a personal home from their estate for the purpose of reducing the amount of gift tax that is incurred when transferring assets to a beneficiary.

Specifically, a QPRT is an irrevocable grantor trust, which allows an individual to take advantage of the gift tax exemption by putting a personal residence, either primary or secondary, into a trust.

The biggest benefit of a QPRT is that it removes the value of your primary or second home and its appreciation from your taxable estate. Continued use of the property. With your home in a QPRT, you can still live in the property rent-free and enjoy any income tax deductions associated with it.

A grantor may establish a QPRT for no more than two residences. The trusts can be funded using (1) a principal residence; (2) a vacation home or secondary residence; or (3) a fractional interest in either.

One of the most important steps for the trustee to follow at the end of the QPRT term is to transfer title and ownership of the residence into the names of the remainder beneficiaries to ensure the correct titling and insuring of the asset.

No more than two QPRTs created by the same grantor may exist at the same time.

Because there's no limit on how long the QPRT must run, it's not uncommon to see QPRTs that were created 10 to 15 years ago finally expire today.

Mortgaged Residence Although the IRS allows a QPRT to own a residence that is subject to a mortgage, any subsequent mortgage principal payments by the donor constitute additional gifts to the trust.

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Rhode Island Qualified Personal Residence Trust One Term Holder