The wealthy use trusts to avoid taxes primarily by removing assets from their taxable estate, allowing wealth to grow for generations free from estate/inheritance taxes (like Dynasty Trusts and GST Trusts), and leveraging specific structures like GRATs (Grantor Retained Annuity Trusts) to pass appreciated assets to heirs with minimal gift/estate tax, often using the "buy, borrow, die" strategy where they borrow against assets instead of selling, avoiding capital gains, and relying on the step-up in basis at death to eliminate future gains tax for heirs.
Wealthy family borrows against its assets' growing value and uses the newly available cash to live off or invest in other assets, like rental properties. The family does NOT owe taxes on its asset-leveraged loans because the government doesn't tax borrowed money.
Some of the ways trusts might benefit you include: Protecting and preserving your assets. Customizing and controlling how your wealth is distributed. Minimizing federal or state taxes.
Business titans tend to take their compensation as shares in publicly traded companies and privately held businesses, as well as investments in “pass-through” companies with special tax rules.
Grantor Retained Annuity Trusts (GRATs)
A GRAT is an irrevocable trust designed to shift future asset appreciation to beneficiaries, typically children, with minimal gift and estate tax liability. The grantor contributes assets into the GRAT and in return receives a series of annual payments for a specified term.
We thought Michigan residents might be interesting in learning how Facebook founder Mark Zuckerberg and several company insiders are using a legal tactic called a “grantor-retained annuity trust” to avoid paying hundreds of millions of dollars in estate and gift taxes on their Facebook shares.
Paramount reportedly pays Yellowstone creator Taylor Sheridan around $50,000 per week to use his ranches, including the Chief Joseph Ranch (which stands in for the Dutton Ranch) and his Texas properties, as filming locations and for actor training. This fee is part of a lucrative deal where Sheridan leverages his properties for the show, providing significant income from the series production itself.
In some years, billionaires such as Jeff Bezos, Elon Musk and George Soros paid no federal income taxes at all. Billionaires avoid these taxes by taking out special ultra-low-interest loans available only to them and using their assets as collateral.
“Tesla: The company has used mechanisms like deferred tax assets, research and development credits, and massive deductions from Elon Musk's stock-based compensation to reduce its U.S. federal income tax to near zero in profitable years.”
Putting your house in trust doesn't protect assets outside of the trust from probate. So if you want to avoid probate completely, you may want to move your other assets into the trust as well.
Want to make your assets virtually untouchable by creditors and lawsuits? Equity stripping may be the answer. This advanced technique involves encumbering your assets with liens or mortgages held by friendly creditors, such as an LLC or trust you control.
The "5 by 5 rule" (or "5 and 5 power") in trusts allows a beneficiary to withdraw the greater of $5,000 or 5% of the trust's annual fair market value, whichever is higher, without triggering significant tax consequences, offering flexibility while preserving the trust's long-term integrity for the grantor's original purpose. If unused, the right lapses, but repeated lapses can have tax implications, so it's a strategic clause for asset management and tax planning.
Suze Orman, the popular financial guru, goes so far as to say that “everyone” needs a revocable living trust. But what everyone really needs is some good advice. Living trusts can be useful in limited circumstances, but most of us should sit down with an independent planner to decide whether a living trust is suitable.
Billionaires often employ the “buy, borrow, die” strategy to avoid income and capital gains taxes. First, they acquire appreciating assets like stocks or real estate. Instead of selling these assets when they need cash (which would trigger capital gains tax), they borrow against them at favorable interest rates.
Googlers call Zuckerberg's approach the 80 percent rule
She calls this idea the 80 percent rule. It states you should schedule only about 80 percent of your days. Leave 20 percent open to absorb whatever craziness comes up.
Warren Buffett
Buffett is currently worth $136 billion (£107bn). One of Buffett's most famous quotes is about not leaving his vast fortune to his children: "I want to give my kids just enough so that they would feel that they could do anything, but not so much that they would feel like doing nothing".