Oklahoma Qualified Personal Residence Trust One Term Holder

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Multi-State
Control #:
US-0681BG
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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 trustee and maintains control of the trust and the residence during the selected term. The donor is still considered the owner for income tax purposes. The donor continues to make mortgage payments, if any, and pays for property taxes, insurance and routine maintenance. As a result the donor gets to take the income tax deductions related to the property. He or she also receives the tax benefits associated with the sale of a principal residence.
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FAQ

The biggest benefit of a QPRT is that it removes the value of your primary or second home and its appreciation from your taxable estate. Continued use of the property. With your home in a QPRT, you can still live in the property rent-free and enjoy any income tax deductions associated with it.

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.

A QPRT is a grantor trust for income tax purposes. This means the trust is not a separate taxpayer and all of the income or capital gain during the term is taxed to the grantor and reported on his or her personal income tax return.

What are the Disadvantages of a Trust?Costs. When a decedent passes with only a will in place, the decedent's estate is subject to probate.Record Keeping. It is essential to maintain detailed records of property transferred into and out of a trust.No Protection from Creditors.

A qualified personal residence trust (QPRT) is a specific type of irrevocable trust that allows its creator to remove a personal home from their estate for the purpose of reducing the amount of gift tax that is incurred when transferring assets to a beneficiary.

The Qualified Personal Residence Trust offers the benefits of a trust to protect a residence. At the same time, the owner can still live in the house while the trust is in effect. This means while the residence is held within the QPRT it is protected from judgments and creditors.

Because there's no limit on how long the QPRT must run, it's not uncommon to see QPRTs that were created 10 to 15 years ago finally expire today.

Do I actually have to pay tax on the gift portion of the QPRT? The gift portion of the transfer is a future interest gift and does not qualify for the annual exclusion from gift tax. Therefore, you must file a gift tax return in the year the residence is transferred to the trust.

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.

A QPRT is typically considered a Grantor Trust for income tax purposes. Most QPRTs do not generate any income and an income tax return is not typically required.

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Oklahoma Qualified Personal Residence Trust One Term Holder