Crummey Trust Agreement for Benefit of Child with Parents as Trustors
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How to fill out Crummey Trust Agreement For Benefit Of Child With Parents As Trustors?
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FAQ
Crummey trusts are typically used by parents to provide their children with lifetime gifts while sheltering their money from gift taxes as long as the gift's value is equal to or less than the permitted annual exclusion amount. The gift tax exclusion usually doesn't apply to gifts made to trusts.
What assets can I transfer to an irrevocable trust? Frankly, just about any asset can be transferred to an irrevocable trust, assuming the grantor is willing to give it away. This includes cash, stock portfolios, real estate, life insurance policies, and business interests.
The Crummey Letter is a letter that is sent to the beneficiaries of an irrevocable trust informing them of that a gift has been made to the trust, and that they have the immediate and unrestricted right to withdraw those assets.
A special type of irrevocable life insurance trust, called a Crummey trust (aka irrevocable gift trust), allows a wealthy grantor to fund the trust in such a way that payments are treated as gifts of present interest to the trust's beneficiaries, thereby qualifying for the annual gift exclusion, then using the payments
Despite the Tax Court's rulings, the IRS continues to review and challenge ILIT contributions and their qualifications as annual exclusion gifts during audits. Thus, clients generally should still be advised to give actual written notice to Crummey powerholders upon each gift to a trust.
An irrevocable trust is one that may not be modified once it has been created, so it cannot be revoked, amended, changed or altered in any way. Money, property and holdings placed into irrevocable trusts cannot be removed at a later date, so it is important the owner is aware that this is a permanent action.
The Crummey notices may be made via electronic mail, i.e., email, to each of the current beneficiaries. If your trustee elects to do this, he or she should request the beneficiary acknowledge receipt in a return e-mail. The e-mail can also be electronically filed and/or printed and stored for record keeping.
From an income tax standpoint, the Crummey Trust can be structured as a ''grantor trust,'' resulting in the trust's income being taxable to the grantor during the grantor's lifetime.If so, undistributed income will be taxable to the trust.
A Crummey trust is part of an estate planning technique that can be employed to take advantage of the gift tax exclusion when transferring money or assets to another person while retaining the option to place limitations on when the recipient can access the money.