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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.
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.
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. Gift tax benefits.
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.
Unwinding a QPRT All you have to do is enter into a lease agreement that pays fair market rent. After the QPRT expiration term, the grantor must pay rent if they continue to reside in the property.
Because the house is under a QPRT, the $250,000 in gains will be tax-free. In other words, the parent will only have to pay gift tax on the $500,000 value of the house that is held within the trust. Importantly, if the parent dies prior to the end of the trust's term, the tax benefits will fail to apply.
The sale of the residence without any reinvestment of the proceeds in a new residence will cause the QPRT status to terminate as to all of the assets.
A life estate with remainder to charity is normally created for one or two lives. However, it may be created for a term of years. Alternatively, it is possible to create a qualified personal residence trust (QPRT) and to create a life estate agreement for a term of years with a remainder to family.
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 QPRT is typically considered a Grantor Trust for income tax purposes. Most QPRTs do not generate any income and an income tax return is not typically required.