Virgin Islands Qualified Subchapter-S Trust for Benefit of Child with Crummey Trust Agreement
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How to fill out Qualified Subchapter-S Trust For Benefit Of Child With Crummey Trust Agreement?
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FAQ
What Is a Crummey Trust? A Crummey trust is part of an estate planning technique that can be employed to take advantage of the gift tax exclusion when transferring money or assets to another person while retaining the option to place limitations on when the recipient can access the money.
An irrevocable trust that is setup as a grantor trust, qualified subchapter S trust or as an electing small business trust may own shares of an S corporation.
To be qualified, a trust must be valid under state law and must have identifiable beneficiaries. In addition, the IRA trustee, custodian, or plan administrator must receive a copy of the trust instrument. If a qualified trust is not structured correctly, disbursements are taxable by the IRS.
Three commonly used types of ongoing trusts qualify as S corporation shareholders: grantor trusts, qualified subchapter S trusts (QSSTs) and electing small business trusts (ESBTs).
If the proper criteria are met during your lifetime, upon your death, the trust assets will not be included in your estate for estate tax purposes. The beneficiaries of the trust will not have to pay income taxes on the life insurance proceeds that they ultimately receive.
Testamentary trusts. This trust type is established by your will. It's an eligible S corporation shareholder for up to two years after the transfer and then must either distribute the stock to an eligible shareholder or qualify as a QSST or ESBT.
Grantor Trusts If a trust is considered a grantor trust for income tax purposes, all items of income, deduction and credit are not taxed at the trust level, but rather are reported on the personal income tax return of the individual who is considered the grantor of the trust for income tax purposes.
A Crummey trust with one benefi- ciary may be drafted to qualify for the GST annual exclusion, but a Crummey trust with more than one beneficiary does not satisfy the above requirements (although transfers to it, may, in part, qualify for the gift tax annual exclusion).
While there are other kinds of special needs trusts, a third party special needs trust will provide the most flexibility in terms of owning S corporation stock for the benefit of a disabled person.
A Crummey Trust allows you to take advantage of the gift tax exclusions and simultaneously minimize your estate taxes. You do not have to provide an opportunity for the beneficiary to withdraw the entire balance of the trust until a certain age. A Crummey trust can have multiple beneficiaries.
