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

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.

A Qualified Personal Residence Trust (QPRT) is a specific type of irrevocable trust that allows its creator to remove a personal home from his or her estate for the purpose of reducing the amount of gift tax that is incurred when transferring assets to a beneficiary.This tax can also be lowered with a unified credit.

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.

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.Ultimately, a QPRT reduces estate tax to the grantor and benefits the grantor's heirs/beneficiaries.

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 grantor determines how long he will retain possession and use of the residence.

Why Create a QPRTYou can put in the Trust your primary residence or your vacation home. When you do that, you can quickly reduce your estate's size below the taxable threshold so that you don't pay any estate taxes when you pass the home to your heirs.Any appreciation in value in the house is not taxable.

Each taxpayer may have up to two QPRTs. Each QPRT may hold an interest in only one home. Therefore, if you wish to transfer your principal residence and a vacation home to a QPRT, you must create two separate trusts.

The QPRT transaction will be completely undone if you die before the retained income period ends. The value of the residence will be included in your taxable estate at its full fair market value as of the date of your death. Some other potential drawbacks should be considered as well.

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.

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Qualified Personal Residence Trust One Term Holder