South Dakota 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
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.
The federal gift tax law provides that every person can give a present interest gift of up to $14,000 each year to any individual they want.
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.
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.
The trust allows the trustee to gift from the trust to the current beneficiary's issue up to the annual gift exclusion (currently $15K).
A 2503(c) trust, or minor's trust, is a trust established to hold gifts for one child until he or she attains age 21. A gift to this type of trust qualifies for the annual federal gift tax exclusion.
The trust allows the trustee to gift from the trust to the current beneficiary's issue up to the annual gift exclusion (currently $15K).
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.
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.
2503(c) trust has one beneficiary, and the assets in the trust are irrevocably his or hers (i.e., the assets cannot be redirected to another beneficiary); Because the trust is irrevocable, the grantor gives up total control of the assets; The trust income tax rates may penalize those trusts that accumulate income; and.