Guam Qualified Personal Residence Trust

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Multi-State
Control #:
US-0653BG
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Description

Establishing a Qualified Personal Residence Trust (QPRT) involves transferring the residence to a trust that names the persons who are to receive the residence at the end of the stated term, usually a child or children of the donor. The donor is the tr

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FAQ

QPRT and Other Trust Forms In a bare trust, the beneficiary has the absolute right to the trust's assets (both financial and non-financial, such as real estate and collectibles), as well as the income generated from these assets (such as rental income from properties or bond interest).

To calculate this value, the calculation determines the value of the interest retained by the grantor (income interest plus reversion). It then subtracts the value of the grantor's retained interest from the principal placed into the trust. The result is the taxable portion of the QPRT.

QPRT and Other Trust Forms In a bare trust, the beneficiary has the absolute right to the trust's assets (both financial and non-financial, such as real estate and collectibles), as well as the income generated from these assets (such as rental income from properties or bond interest).

For tax purposes a trust may be taxed in any state for which it is determined to be a resident trust under the governing states definition of residency. This could be based on the location of the grantor, the location of the trustee or trust administrator, or the location of the beneficiaries.

A qualified personal residence trust (QPRT) is a trust to which a person (called the settlor, donor, or grantor) transfers his personal residence. The grantor reserves the right to live in the house for a period of years; this retained interest reduces the current value of the gift for gift tax purposes.

Grantor-Retained Unitrust (GRUT) is a form of Grantor-Retained Trust set up by individuals to reduce taxes on an estate. To create a GRUT, a grantor creates an irrevocable trust that is for a limited period of time, paying taxes at the outset of the trust.

Specifically, a QPRT is an irrevocable grantor trust, which allows an individual to take advantage of the gift tax exemption by putting a personal residence, either primary or secondary, into a trust. The grantor determines how long he will retain possession and use of the residence.

A "5 by 5 Power in Trust" is a common clause in many trusts that allows the trust's beneficiary to make certain withdrawals. Also also called a "5 by 5 Clause," it gives the beneficiary the ability to withdraw the greater of: $5,000 or. 5% of the trust's fair market value (FMV) from the trust each year.

If the income you receive is a set dollar amount and does not fluctuate each year, the trust is a GRAT (grantor retained annuity trust). If the income is a percentage of the trust assets and the amount of income you receive fluctuates each year, the trust is a GRUT (grantor retained unitrust).

A GRAT is an irrevocable trust that allows the trust's creator known as the grantor to direct certain assets into a temporary trust and freeze its value, removing additional appreciation from the grantor's estate and giving it to heirs with minimal estate or gift tax liability.

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Guam Qualified Personal Residence Trust