Assets in a revocable living trust get a step-up in basis at the grantor's death just like if they were owned directly by the decedent. The step-up in basis can eliminate capital gains tax on appreciated assets as heirs can sell those assets with little to no capital gains tax since the basis is adjusted.
Any income generated by a revocable trust is taxable to the trust's creator (who is often also referred to as a settlor, trustor, or grantor) during the trust creator's lifetime. This is because the trust's creator retains full control over the terms of the trust and the assets contained within it.
Transferring assets to a revocable trust will remove those assets from your estate for state probate law purposes but not for federal (or state) estate tax purposes. For estate tax purposes, the value of your "gross estate" will determine the amount of estate tax due at your death.
Beneficiaries of a trust are usually only taxed on the earnings portions of their distributions, and whether those earnings are taxed as income or capital gains depends on how they were earned.
Gifts and inheritance Personal income types
If you received a gift or inheritance, do not include it in your income. However, if the gift or inheritance later produces income, you will need to pay tax on that income.
An irrevocable trust transfers asset ownership from the original owner to the trust, with assets eventually distributed to the beneficiaries. 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.
The Disadvantage of a Revocable Living Trust
Complexity: Managing a trust requires ongoing paperwork and record-keeping, which can be burdensome and time-consuming.
Another key difference: While there is no federal inheritance tax, there is a federal estate tax. The federal estate tax generally applies to assets over $13.61 million in 2024 and $13.99 million in 2025, and the federal estate tax rate ranges from 18% to 40%.
That means your own Social Security number will be used for the trust's bank accounts and investments. It also means that as long as you live, all of that income should be reported in your personal tax return. You won't need to file a separate federal tax return for the trust.
Upon your death, the trustee is generally directed to either distribute the trust property to your beneficiaries, or to continue to hold it and manage it for the benefit of your beneficiaries.
Can a Revocable Trust Avoid Capital Gains Tax? A revocable trust does not avoid capital gains tax because the trust's creator still owns the assets held in the trust. This means that any profits or losses generated by the assets in the trust are still taxable to the original owner.
Selecting the wrong trustee is easily the biggest blunder parents can make when setting up a trust fund. As estate planning attorneys, we've seen first-hand how this critical error undermines so many parents' good intentions.
You can protect your grandchildren and make sure your hard-earned assets don't end up with in-laws. Plus, there are two added benefits to the Inheritance trust. First, you may also be able to protect your child's inheritance in the event he ends up in financial trouble. Second, it can also avoid probate.
You don't need to report a cash inheritance on your federal return. The IRS doesn't impose an inheritance tax. Only a handful of states (Iowa, Kentucky, Maryland, Nebraska, New Jersey, and Pennsylvania) have some kind of inheritance tax.
Key Takeaways. Funds received from a trust are subject to different taxation rules than funds from ordinary investment accounts. Trust beneficiaries must pay taxes on income and other distributions from a trust. Trust beneficiaries don't have to pay taxes on principal from the trust's assets.
The best way to avoid the inheritance tax is to manage assets before death. To eliminate or limit the amount of inheritance tax beneficiaries might have to pay, consider: Giving away some of your assets to potential beneficiaries before death. Each year, you can gift a certain amount to each person tax-free.
Orman was quick to defend living revocable trusts in her response to the caller. “There is no downside of having a living revocable trust. There are many, many upsides to it,” she said. “You say you have a power of attorney that allows your beneficiaries, if you become incapacitated, to buy or sell real estate.
A: Property that cannot be held in a trust includes Social Security benefits, health savings and medical savings accounts, and cash. Other types of property that should not go into a trust are individual retirement accounts or 401(k)s, life insurance policies, certain types of bank accounts, and motor vehicles.
One of the biggest differences between a revocable and an irrevocable trust is your ability to make changes to it after it's been created. You, the grantor, can modify a revocable trust, while an irrevocable trust can't be easily changed.
Each state has different estate tax laws, but the federal government limits how much estate tax is collected. Any estate worth more than $11.8 million is subject to estate tax, and the amount taken out goes on a sliding scale depending on how much more than $11.8 million the estate is worth.
The trust fund loophole refers to the “stepped-up basis rule” in U.S. tax law. The rule is a tax exemption that lets you use a trust to transfer appreciated assets to the trust's beneficiaries without paying the capital gains tax. Your “basis” in an asset is the price you paid for the asset.
The grantor can set up the trust so the money is distributed directly to the beneficiaries free and clear of limitations. The trustee can transfer real estate to the beneficiary by having a new deed written up or selling the property and giving them the money, writing them a check or giving them cash.