Trustor

The grantor (as an individual or couple) transfers their assets to an irrevocable trust. However, unlike other irrevocable trusts, the grantor can be the income beneficiary.The grantor can receive income from the trust to the maximum amount allowed by Medicaid.

As noted above, an irrevocable trust must pay income tax on its earnings.Typically, the beneficiary isn't required to pay income taxes on distributions that come from principal because tax law presumes that the grantor already paid income taxes on it when he placed it in the trust and tries to avoid double taxation.

An irrevocable trust reports income on Form 1041, the IRS's trust and estate tax return. Even if a trust is a separate taxpayer, it may not have to pay taxes. If it makes distributions to a beneficiary, the trust will take a distribution deduction on its tax return and the beneficiary will receive IRS Schedule K-1.

The trust can pay for any amount of medical costs, as long as the trust pays the expenses directly to the medical provider or institution. Just remember that the terms of the trust are irrevocable regardless of how much you transfer into the trust's name.

Most irrevocable trusts provide Medicaid Asset Protection by not allowing you, the Grantor and Trustee, the ability to access the principal that's placed into the trust.

Irrevocable trust: The purpose of the trust is outlined by an attorney in the trust document. Once established, an irrevocable trust usually cannot be changed. As soon as assets are transferred in, the trust becomes the asset owner. Grantor: This individual transfers ownership of property to the trust.

An irrevocable trust is taxed as a legally independent entity, in much the same way as an individual taxpayer is taxed in terms of income tax rates and available deductions. Contributing income-earning property to an irrevocable trust means that the IRS will treat the resulting income as trust income, not your income.

The main downside to an irrevocable trust is simple: It's not revocable or changeable. You no longer own the assets you've placed into the trust. In other words, if you place a million dollars in an irrevocable trust for your child and want to change your mind a few years later, you're out of luck.

As noted above, an irrevocable trust must pay income tax on its earnings. However, a trust is also entitled to take a deduction for income distributions made to a beneficiary.As a trust beneficiary, then, you would owe income tax on distributions made from trust income but not from the principal.