Virginia Termination of Grantor Retained Annuity Trust in Favor of Existing Life Insurance Trust
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How to fill out Termination Of Grantor Retained Annuity Trust In Favor Of Existing Life Insurance Trust?
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FAQ
If an irrevocable trust has its own tax ID number, then the IRS requires the trust to file its own income tax return, which is IRS form 1041. During the lifetime of the grantor, any interest, dividends, or realized gains on the assets of the trust are taxable on the grantor's 1040 individual income tax return.
Is an irrevocable life insurance trust (ILIT) a grantor trust? A13. Usually, yes. Most ILITs are grantor trusts since these trust instruments typically provide that income may be applied toward the payment of premiums on policies insuring the grantor's life (or the grantor's spouse's life).
If a trust is a grantor trust, then the grantor is treated as the owner of the assets, the trust is disregarded as a separate tax entity, and all income is taxed to the grantor.
For all practical purposes, the trust is invisible to the Internal Revenue Service (IRS). As long as the assets are sold at fair market value, there will be no reportable gain, loss or gift tax assessed on the sale. There will also be no income tax on any payments paid to the grantor from a sale.
Unlike many estate planning techniques, the client has significant access to GRAT assets and can substitute assets, change beneficiaries, and otherwise modify the GRAT to suit his or her changing needs. Accordingly, the GRAT is one of the most powerful wealth-shifting tools available for high net worth families.
The annuity amount is paid to the grantor during the term of the GRAT, and any property remaining in the trust at the end of the GRAT term passes to the beneficiaries with no further gift tax consequences.
A grantor trust is considered a disregarded entity for income tax purposes. Therefore, any taxable income or deduction earned by the trust will be taxed on the grantor's tax return.
In other words, if the grantor (or a non-adverse party) has the power to revoke any part of a trust and reclaim the trust assets, then the grantor will be taxed on the trust income.
Thus, the trustee cannot terminate the GRAT before expiration of the term of the grantor's qualified interest by distributing to the grantor and the remainder beneficiaries the actuarial value of their term and remainder interests, respectively.
The most common power that creates grantor trust status is the power to substitute assets in a non-fiduciary capacity with assets that have the same fair market value as the assets in the trust. To toggle off grantor trust status the grantor must release this power.