Puerto Rico Qualified Domestic Trust Agreement (DDT) is a legal arrangement established specifically for non-U.S. citizen spouses to ensure tax-efficient estate planning and asset protection. This type of trust allows non-U.S. citizens to take advantage of U.S. federal estate tax exemptions and deductions available to U.S. citizens and resident aliens. The Puerto Rico DDT Agreement functions as an irrevocable trust, created by a Non-U.S. citizen spouse, with a qualified trustee in Puerto Rico. The purpose of this trust is to hold and manage assets while minimizing estate taxes upon the death of the granter (non-U.S. citizen spouse). It allows the granter's assets to be safeguarded and transferred to beneficiaries while benefiting from favorable estate tax treatment. The primary advantage of establishing a Puerto Rico DDT Agreement is that it can help reduce or eliminate U.S. estate taxes, which can be substantial for non-U.S. citizens. The trust assets are excluded from the non-U.S. citizen spouse's gross estate for U.S. estate tax purposes. This exclusion enables the non-U.S. citizen spouse to utilize the U.S. federal estate tax exemption amount, applicable deductions, and tax-free charitable transfers, resulting in significant tax savings. There are several types of Puerto Rico Qualified Domestic Trust Agreements available, depending on the specific goals and circumstances of the granter: 1. General Puerto Rico DDT Agreement: This is the most common type of trust established by non-U.S. citizen spouses to minimize estate taxes upon death. It provides a broad range of protections and tax benefits under U.S. federal law. 2. Puerto Rico Spousal Lifetime Access Trust (Puerto Rico SLAT): This trust is designed to provide the non-U.S. citizen spouse with access to income and principal during their lifetime while ensuring that any remaining assets pass to the intended beneficiaries with minimal tax consequences. 3. Puerto Rico Qualified Terminable Interest Property Trust (Puerto Rico TIP): This trust is often used when there are children from a previous marriage involved. It allows the non-U.S. citizen spouse to benefit from the trust income during their lifetime while ensuring that the remaining assets pass to the children or other designated beneficiaries upon their death. 4. Puerto Rico Qualified Personnel Residence Trust (Puerto Rico PRT): This trust allows the non-U.S. citizen spouse to transfer their primary residence or vacation home into the trust while retaining the right to reside in the property. This arrangement provides potential estate tax benefits while still allowing the granter to use and enjoy the property. In conclusion, a Puerto Rico Qualified Domestic Trust Agreement is an estate planning tool available to non-U.S. citizen spouses. It offers significant tax advantages by leveraging U.S. federal estate tax exemptions and deductions. The different types of Puerto Rico DDT Agreements allow for customization to meet the specific needs and objectives of the granter and their beneficiaries.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.