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A Crummey Trust allows contributions to be made while providing beneficiaries with the right to withdraw funds for a limited period. For instance, if a parent sets up a Franklin Ohio Qualified Subchapter-S Trust for Benefit of Child with Crummey Trust Agreement, they can contribute to the trust and give the child a withdrawal power for each gift. This structure helps the parent qualify for the annual gift tax exclusion, making it tax-efficient.
A Qualified Subchapter S Trust, commonly referred to as a QSST Election, or a Q-Sub election, is a Qualified Subchapter S Subsidiary Election made on behalf of a trust that retains ownership as the shareholder of an S corporation, a corporation in the United States which votes to be taxed.
A Crummey trust can have multiple beneficiaries. Unlike some college savings plans, there are no penalties if the funds are not used for higher education.
6 Potential Tax Consequences of a Crummey Trust Your irrevocable trust may be responsible for paying income taxes. This is true if the trust earns more than a certain amount each year. Depending on how the trust is drafted, the trust may need to obtain its own tax ID number.
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.
Understanding Crummey Trusts Crummey trusts are typically used by parents to provide their children with lifetime gifts while sheltering their money from gift taxes as long as the gift's value is equal to or less than the permitted annual exclusion amount.
The main difference between an ESBT and a QSST is that an ESBT may have multiple income beneficiaries, and the trust does not have to distribute all income. Unlike with the QSST, the trustee, rather than the beneficiary, must make the election.
In a nutshell, Crummey trusts can give you control of trust assets and when they're distributed to your beneficiaries, while also yielding tax benefits. Both can be helpful if you're looking for another option beyond custodial accounts or 529 college savings accounts to plan for your child's financial future.
A 5 by 5 Power in Trust is a clause that lets the beneficiary make withdrawals from the trust on a yearly basis. The beneficiary can cash out $5,000 or 5% of the trust's fair market value each year, whichever is a higher amount.
The Basic Crummey Approach: To be eligible for the annual gift tax exclusion currently thirteen thousand dollars each year these gifts must be of a present interest, which means that the recipient must be able to access the assets immediately without restriction.