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October 2002 On-line Tax Planning

A Trust That Doesn't Save Taxes


Living trusts are often used for estate-planning purposes.  If you are considering setting one up, it's important to understand how your taxes could be affected.

Basic Plan
The term "living trust" typically refers to a trust that is revocable, meaning that the person who creates it (the "grantor") can terminate the trust at any time.  Usually, the grantor is the lifetime beneficiary of the revocable trust and also its trustee or co-trustee.  If desired, the grantor also may retain the power to change the terms of the trust.  In many respects, then, placing the assets in the trust changes nothing:  The grantor can take property out of the trust, control trust investment decisions, and end the trust arrangement at will.

No Surprise
Knowing all this, it probably comes as no surprise that transferring assets to a revocable living trust doesn't change anything for tax purposes either.  The income of a revocable living trust is taxed directly to the grantor during the grantor's lifetime.  And the value of the trust assets must be included in the grantor's gross estate.  Thus, while there may be several advantages to creating a revocable living trust, saving taxes is not one of them.

The benefits a revocable living trust can provide include:

bulletAsset management during any periods of disability;
bulletAsset management for beneficiaries after the grantor's death; and,
bulletPrivacy - trusts, unlike wills, are not public record.  

Please give us a call, at your convenience, for more information.


Tax Planning Archives


For More Information Contact:

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