Tennessee Joint Trust with Income Payable to Trustors During Joint Lives

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Joint revocable trusts have been used historically as a mechanism for married persons to combine assets and control their disposition in a uniform manner.
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FAQ

Some trusts require trustees to make mandatory distributions. These distributions might take place every month or every year. Often, a trust requires distribution of a percentage of the interest earned on trust assets during the year. Or the trust might list a specific amount of money or property to be distributed.

The settlor decides how the assets in a trust should be used - this is usually set out in a document called the 'trust deed'. Sometimes the settlor can also benefit from the assets in a trust - this is called a 'settlor-interested' trust and has special tax rules.

The trust must pay taxes on any interest income it holds and does not distribute past year-end. The interest income the trust distributes is taxable for the beneficiary who receives it. The amount distributed to the beneficiary is considered to be from the current-year income first, then from the accumulated principal.

With Tennessee no longer taxing investment income, Tennessee trusts will not incur Tennessee income tax. Of course, each state has its definition of what makes a trust's income taxable in that state.

Planning Tip: If a trust permits accumulation of income and the trust does not distribute it, the trust pays tax on the income.

When considering who to distribute the income of a family trust to, it must be noted that all income of a family trust must be distributed to beneficiaries each financial year (or else it is taxed at the top marginal rate).

Assets That Can And Cannot Go Into Revocable TrustsReal estate.Financial accounts.Retirement accounts.Medical savings accounts.Life insurance.Questionable assets.

Loan repayment to the settlor. Under a loan trust the loan is repayable to the settlor on demand. This means that the settlor can ask for a part or full repayment of the loan at any time.

Interest in possession trust the beneficiary can get income from the trust straight away, but doesn't have a right to the cash, property or investments that generate that income. The beneficiary will need to pay Income Tax on the income received.

This is why the Cleardocs discretionary trust deed expressly prohibits the settlor (or their children) from being a beneficiary of the trust or otherwise receiving a benefit from the trust.

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Tennessee Joint Trust with Income Payable to Trustors During Joint Lives