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The step-up in basis tax provision protects the asset in a revocable trust from heavy taxation. Grantors and trustees can take advantage of this provision to reduce or eliminate capital gains taxes. The assets in a revocable trust appreciate and provide the grantor with a consistent stream of income in their lifetime.
Revocable trusts, like assets held outside a trust, do get a step up in basis so that any gains are based on the asset's value when the grantor dies.
A trust may be "qualified" or "non-qualified," according to the IRS. A qualified plan carries certain tax benefits. To be qualified, a trust must be valid under state law and must have identifiable beneficiaries. In addition, the IRA trustee, custodian, or plan administrator must receive a copy of the trust instrument.
Revocable trusts are the simplest of all trust arrangements from an income tax standpoint. 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.
Qualified trusts are revocable living trusts designed to protect retirement funds while facilitating the distribution of retirement assets held within IRAs, 401(k) accounts, 403(b) accounts, and Self-Employed IRAs (SEPs). Certain retirement accounts, including those listed above, are considered qualified accounts.
For IRA beneficiary purposes, there generally are two types of trusts: one that meets certain IRS requirements is often called a qualified trust, also known as a look-through trust, and one that does not meet the IRS requirements if often called a nonqualified trust.
Upon the death of the grantor, grantor trust status terminates, and all pre-death trust activity must be reported on the grantor's final income tax return. As mentioned earlier, the once-revocable grantor trust will now be considered a separate taxpayer, with its own income tax reporting responsibility.
If you're wondering can a trust own a corporation, the answer is yes, but only specific types of trusts qualify. As a legally separate entity, a trust manages and holds specific assets for a beneficiary's benefit.
A qualified revocable trust (QRT) is any trust (or part of a trust) that was treated as owned by a decedent (on that decedent's date of death) by reason of a power to revoke that was exercisable by the decedent (without regard to whether the power was held by the decedent's spouse).
Revocable Trusts Often called a living trust, these are trusts in which the trustmaker: Transfers the title of a property to a trust. Serves as the initial trustee. Has the ability to remove the property from the trust during his or her lifetime.