The Grantor Retained Annuity Trust, or “GRAT” and the Qualified Personal Residence Trust “QPRT” are two of the most popular, statutorily validated estate planning techniques relied upon by estate planning professionals. The GRAT enables the transferor to convey property while retaining an annuity payment for a specified period, and the QPRT enables a grantor to transfer a personal residence to a trust while reserving the right to remain in occupancy for a period of time. Each of these wealth transfer tools involve a transfer of assets to a trust while the grantor retains a continued interest in the trust property, which can enable a reduction in the value of the reportable gift. If used correctly, these techniques provide a tremendous opportunity for intergenerational wealth transfer, and can offer significant transfer-tax benefits.
However, Internal Revenue Code Section 2702(a) provides that where a grantor creates a trust for the benefit of family members and retains an “unqualified” interest in the transferred property, such a transfer will be deemed a gift of the whole property and the retained interest will be allocated zero value. Fall into this trap, and significant tax exposure for your client can result. This is why practitioners that work with GRATs and QPRTs must be aware of the proper use of these tools, as well as technical rules which define what will constitute a qualified interest and enable the tax benefits of these techniques.
In this course Jordan Linn details the statutory requirements, risks and advantages, and recent developments concerning these two popular estate planning methods.
Jordan S. Linn focuses his practice on estate planning and administration. This includes structuring and implementing sophisticated gift, estate and generation-skipping tax planning techniques; drafting trust agreements, wills and advance directives; and also representing fiduciaries in the probate and administration of estates and trusts. Jordan represents clients involved in Internal Revenue Service (IRS) audits and U.S. Tax Court proceedings related to gift, estate and excise taxes, as well as the formation and representation of private foundations and public charities.
Good course but a lot of it may change with the new tax code. Those planning on choosing this course may want to wait for a 2018 update.
Nice presentation on a complicated area.
great content of a complex subject
Excellent explanation and presentation
great job! really clear.
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