Virginia Qualified Personal Residence Trust

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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

Unwinding a QPRT All you have to do is enter into a lease agreement that pays fair market rent. After the QPRT expiration term, the grantor must pay rent if they continue to reside in the property.

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.

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.

As long as a new property is purchased by the QPRT within 2 years of the sale date, the sale of real property held in a QPRT will not cause a termination of the trust. It is also possible to complete a §1031 exchange with property held in a QPRT.

A life estate with remainder to charity is normally created for one or two lives. However, it may be created for a term of years. Alternatively, it is possible to create a qualified personal residence trust (QPRT) and to create a life estate agreement for a term of years with a remainder to family.

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.

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. Gift tax benefits.

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.

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.

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.

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Virginia Qualified Personal Residence Trust