Texas Grantor Retained Income Trust with Division into Trusts for Issue after Term of Years
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How to fill out Grantor Retained Income Trust With Division Into Trusts For Issue After Term Of Years?
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FAQ
Since a GRAT represents an incomplete gift, it is not a suitable vehicle to use in a generation-skipping transfer (GST), as the value of the skipped gift is not determined until the end of the trust term.
Under the new regulations, a trust can now last up to 300 years after the last beneficiary dies (with a few exceptions). The old law stipulated that a trust must terminate within 21 years after lives in being.
Grantor Retained Income Trust, Definition A grantor retained income trust allows the person who creates the trust to transfer assets to it while still being able to receive net income from trust assets. The grantor maintains this right for a fixed number of years.
To implement this strategy, you zero out the grantor retained annuity trust by accepting combined payments that are equal to the entire value of the trust, including the anticipated appreciation. In theory, there would be nothing left for the beneficiary if the trust is really zeroed out.
Planning Tip: If a trust permits accumulation of income and the trust does not distribute it, the trust pays tax on the income.
When the grantor of the IDGT dies, the only item included in the grantor's gross estate is the installment note. It is included at its fair market value. That means that the IDGT froze the value of the assets as of the sale date with any future appreciation in asset value occurring outside of the decedent's estate.
Under Section 663(b) of the Internal Revenue Code, any distribution by an estate or trust within the first 65 days of the tax year can be treated as having been made on the last day of the preceding tax year.
Some trusts require trustees to make mandatory distributions. These distributions might take place every month or every year. Often, a trust requires distribution of a percentage of the interest earned on trust assets during the year. Or the trust might list a specific amount of money or property to be distributed.
At the end of the initial term retained by the Grantor, if the Grantor is still living, the remainder beneficiaries (or a trust to be administered for the benefit of the remainder beneficiaries) receive $100,0000 plus all capital growth (which is the amount over and above the net income that was paid to the Grantor).
The creator of the trust (the Grantor) transfers assets to the GRAT while retaining the right to receive fixed annuity payments, payable at least annually, for a specified term of years. After the expiration of the term, the Grantor will no longer receive any further benefits from the GRAT.