Clark Nevada Termination of Grantor Retained Annuity Trust in Favor of Existing Life Insurance Trust

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Clark
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US-0679BG
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Grantor Retained Annuity Trust or GRAT refers to an irrevocable trust into which the grantor transfers property in exchange for the right to receive fixed payments at least annually, based on original fair market value of the property transferred. At the
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FAQ

For this reason, many people choose to set up rolling or laddered short-term GRATs. The idea is to create a series of consecutive short-term GRATs, funding each with the previous trust's annuity payments. Rolling GRATs can capture rapid asset appreciation and offer the flexibility to stop at any time.

GRATs are taxed in two ways: Any income you earn from the appreciation of your assets in the trust is subject to regular income tax, and any remaining funds/assets that transfer to a beneficiary are subject to gift taxes.

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.

out GRAT allows the grantor to transfer any appreciation in excess of the Sec. 7520 rate without using any of the grantor's lifetime exemption. If the assets fail to appreciate at the Sec. 7520 rate, the only cost to the grantor will have been the legal and administrative costs of setting up the GRAT.

A grantor retained annuity trust is a type of irrevocable gifting trust that allows a grantor or trustmaker to potentially pass a significant amount of wealth to the next generation with little or no gift tax cost.

A grantor trust is a trust for which the grantor of the trust (i.e., the person who creates and funds the trust) is treated as the owner of the trust assets for federal income tax purposes by virtue of the inclusion of certain provisions in the trust instru- ment.

A GRAT is an irrevocable trust that allows the trust's creator known as the grantor to direct certain assets into a temporary trust and freeze its value, removing additional appreciation from the grantor's estate and giving it to heirs with minimal estate or gift tax liability.

JL: The term of the GRAT is chosen by the grantor when the GRAT is first created. The minimum duration for a GRAT is two years, and that is a very popular choice for many clients. But longer GRATs are also common, and some clients decide to establish GRATs that last 3, 5 or 10 years.

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.

A GRAT is created when a grantor contributes assets with appreciation potential to a fixed-term, irrevocable trust. The grantor then retains the right to receive an annuity stream over the trust's term.

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Clark Nevada Termination of Grantor Retained Annuity Trust in Favor of Existing Life Insurance Trust