Several states do not tax the income of non-grantor trusts, making them favorable for trust situs, including Alaska, Florida, Nevada, New Hampshire, South Dakota, Tennessee, Texas, Washington, and Wyoming. These states offer advantages like no state income tax, strong asset protection, and no perpetual trust rules, which help avoid state-level taxation on accumulated income.
Seven states (Alaska, Florida, Nevada, South Dakota, Texas, Washington, and Wyoming) do not tax trust income at all.
While few trusts are entirely tax-exempt, certain types, like Charitable Remainder Trusts, GST-Exempt Trusts, and specific Special Needs Trusts, receive significant tax advantages or exemptions, often by passing income to tax-exempt entities or individuals, or by meeting specific IRS criteria for estate tax avoidance (like Bypass Trusts) or generation-skipping tax (GST) relief. Most trusts still pay some tax, but benefit from deductions or exemptions (e.g., $100 or $300 for basic trusts).
There are 7 states that are generally considered the best in which to establish your trust: Alaska, Delaware, Nevada, New Hampshire, South Dakota, Tennessee and Wyoming. Here, we will compare each state and explain the differences, nuances, and best states for certain considerations.
If a trust earns income (as most of them do), taxes will need to be paid on that income — just as individuals and businesses generally have to pay taxes on the income they earn. There are two types of income tax rates that could apply to trusts: ordinary income tax and capital gains tax.
While few trusts are entirely tax-exempt, certain types, like Charitable Remainder Trusts, GST-Exempt Trusts, and specific Special Needs Trusts, receive significant tax advantages or exemptions, often by passing income to tax-exempt entities or individuals, or by meeting specific IRS criteria for estate tax avoidance (like Bypass Trusts) or generation-skipping tax (GST) relief. Most trusts still pay some tax, but benefit from deductions or exemptions (e.g., $100 or $300 for basic trusts).
Contrary to popular belief, trusts don't have to be established in your state of residence. As long as there are sufficient connections to the state, you can set up a trust in any state you like.
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 assets in the trust can grow and be passed to your beneficiaries tax-free. Charitable remainder trust (CRT): While you're alive, you can make money from the appreciating assets you put in the CRT. When you die, the assets go to a charity. That allows you to avoid capital gains taxes and lower your estate taxes.
The crackdown has resulted in the ATO undertaking extensive audits of family trusts and historical distributions, and the issue of hefty Family Trust Distributions Tax (FTD Tax) assessments for noncompliance – being a 47% tax (plus Medicare levy) along with General Interest Charges (GIC) on any historical liabilities.
You can avoid or reduce capital gains tax with trusts, primarily through Charitable Remainder Trusts (CRTs) (selling appreciated assets tax-free for income/charity), the stepped-up basis at death (for inherited assets from a revocable trust/estate), or using specific irrevocable trusts designed to hold assets to minimize tax on sales within the trust. The key is careful planning, often involving irrevocable structures or charitable giving, as standard revocable trusts don't avoid the tax until death for beneficiaries.
1. Transfers and Gifts
The best states for taxes are often those with no state income tax, like Alaska, Florida, Nevada, New Hampshire, South Dakota, Tennessee, Texas, Washington, and Wyoming. However, the "best" state depends on your personal situation, as some states compensate with higher sales or property taxes, so you must consider the overall tax burden, including income, property, and sales taxes, for a complete picture.
Trusts can be residents of more than one state.
The "7-3-2 Rule" refers to two main concepts: a financial strategy for wealth building, suggesting it takes 7 years for the first major savings milestone, 3 years for the next, and 2 years for the third, driven by compounding and increasing investments; and a trucking rule (7/3 split) allowing drivers to split their 10-hour mandatory break into 7 hours in the sleeper berth and 3 hours of off-duty rest, offering flexibility.
The main benefit of putting your house in a trust is to bypass probate when you pass away. All your other assets, regardless of whether you have a will, will go through the probate process. Probate in real estate is the judicial process that your property goes through when you die.
If you die within 7 years of making a transfer into a trust your estate will have to pay Inheritance Tax at the full amount of 40%. This is instead of the reduced amount of 20% which is payable when the payment is made during your lifetime.