So-called dynasty trusts allow affluent taxpayers to provide for as many as forty generations and only be subject to tax once. Dynasty trusts have grown in popularity as the generation-skipping transfer tax exemption has skyrocketed, according to Sandy Christopher, partner at Withers Bergman.
The long-favored grantor-retained annuity trusts (GRATs) can confer big tax savings during recessions. These trusts pay a fixed annuity during the trust term, which is usually two years, and any appreciation of the assets' value is not subject to estate tax.
With a charitable lead trust or "CLT," the person who funds the trust, otherwise known as the grantor, picks a charity or multiple to receive annual payments for the duration of the trust. Whatever is left when the trust expires goes to a remainder beneficiary picked by the grantor, typically their children.
An intentionally defective grantor trust, or IDGT, is a way of shifting tax burdens for very wealthy households. With this structure, you can create a trust that leaves wealth to your heirs while minimizing gift, estate and income tax liability.
For affluent individuals, irrevocable trusts have long been an effective vehicle for passing on wealth to future generations.
According to SmartAsset, the wealthiest households commonly use intentionally defective grantor trusts (IDGT) to reduce or eliminate estate, income and gift tax liability when passing on high-yielding assets like real estate to their heirs.
Rich Americans can give homes to their kids before death and save on taxes with irrevocable trusts. They can stay in the home during the trust, and any appreciation is exempt from gift and estate tax. The tax savings are bigger with interest rate hikes, but heirs who want to sell should be wary.
One type of trust that helps protect assets is an intentionally defective grantor trust (IDGT). Any assets or funds put into an IDGT aren't taxable to the grantor (owner) for gift, estate, generation-skipping transfer tax, or trust purposes.
You can assign a portion of your wealth to charitable trusts of two types: lead trusts and remainder trusts. Your estate, such as investments, hard assets, and even cash, can be allocated to a trust in the form of charitable donations. Most billionaires and ultra-rich individuals use this strategy for tax planning.
A trust can be an extremely useful estate planning tool if you have a net worth of $100K or more, have substantial real estate assets, or are planning for end-of-life.
For example, the Rockefellers used a series of irrevocable trusts that helped pass down wealth to future generations. These Trusts both fund and remain funded through premium life insurance policies, and include strict stipulations that protect the family from the risk of irresponsible behavior.
Transfer assets into a trust
Because those assets don't legally belong to the person who set up the trust, they aren't subject to estate or inheritance taxes when that person passes away. Setting up a trust also has other financial benefits, such as helping the estate avoid probate.
There are several benefits of creating a trust. The chief advantage is to avoid probate. Placing your important assets in a trust can offer you the peace of mind of knowing assets will be passed on to the beneficiary you designate, under the conditions you choose and without first undergoing a drawn-out legal process.
Depreciation is one way the wealthy save on taxes. So, what exactly is it? “For federal income tax purposes, depreciation is a deduction that allows you to recover the cost or other basis of certain property,” tax expert Kelly Phillips Erb wrote in a post for Forbes.
The rich can use trusts to provide for heirs, save on taxes, and shield assets from creditors. Dynasty trusts can last up to 1,000 years – about 40 generations – in Florida and other states. Users of the tax-saving tactic include Jeff Bezos' family and would-be senator Dave McCormick.
Hiring family members. Another tactic the rich often use to shield income from taxes requires getting the family involved. If you have a business, you can use this strategy to your advantage, too, by hiring your spouse or your children and paying them a salary.
Another option is to establish a Qualified Personal Resident Trust (QPRT), Sullivan says, which transfers ownership of the home to a trust. “The terms of the trust can allow the parents to live in the home rent-free for a certain period of time, but this is an irrevocable trust that cannot be changed,” says Sullivan.
Trusts reach the highest federal marginal income tax rate at much lower thresholds than individual taxpayers, and therefore generally pay higher income taxes.
Inheriting a trust comes with certain tax implications. The rules can be complex, but generally speaking, only the earnings of a trust are taxed, not the principal. A financial advisor can help you minimize inheritance tax by creating an estate plan for you and your family.
Irrevocable Trusts
Using an irrevocable trust allows you to minimize estate tax, protect assets from creditors and provide for family members who are under 18 years old, financially dependent, or who may have special needs.
It really depends on your needs and the needs of your family. Generally, a trust is a faster, more efficient way to get your assets to your heirs but setting up a trust is often more expensive than creating a will. Well-planned estates often utilize both trusts and wills.
Benefits of trusts
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.
Less than 2 percent of the U.S. population receives a trust fund, usually as a means of inheriting large sums of money from wealthy parents, according to the Survey of Consumer Finances. The median amount is about $285,000 (the average was $4,062,918) — enough to make a major, lasting impact.
To transfer cash or securities, the trustee will open an account in the trust's name, and the grantor will instruct his or her bank or broker to move the funds from his or her account to the trust's account. For real estate, a deed is used to transfer legal title of the property from the grantor to the trust.