Definition and Example of Grantor Trust
How do grantor trusts work?
Types of grantor trusts
Grantor trust vs. irrevocable trust
What is a grantor trust?
A grantor trust is a revocable living trust that is considered a “disregarded” entity for tax purposes. It does not pay its own taxes or file a tax return. Instead, its income and claims for deductions are reported on the grantor’s personal tax return. The grantor is the person who created and funds the trust and typically manages its assets.
How do grantor trusts work?
Grantors can modify revocable grantor trusts and make changes to them at any time as long as they remain mentally competent. They can name or change beneficiaries of the trust, manage the trust’s stock options, and control the investments of the trust fund. They can also revoke this type of trust. Any income is taxed to the grantors personally since the grantors retain those rights personally.
Imagine you created a grantor trust and funded it with income-generating assets. You transferred ownership of these assets to the trust. These assets generate $10,000 of income during the year. The trust also incurs $1,000 in tax-deductible expenses to maintain and manage these assets.
This income will be reported and deductions will be claimed on your personal tax return under your social security number. The trust will not need to file a tax return of its own.
Grantor trusts automatically become irrevocable trusts upon the death of the grantor since the grantor is no longer alive to file a tax return. Any distributions made by the trust at that time will be taxable to the beneficiaries who receive them.
Types of grantor trusts
A trust does not necessarily need to be revocable to be considered a grantor trust. An irrevocable trust can be treated as a grantor trust for tax purposes when the grantor meets Internal Revenue Code requirements to be treated as the owner of the assets. In this case, the irrevocable trust can be disregarded as a separate tax entity, and the grantor will be taxed on all its income.
Irrevocable trusts are referred to as “intentionally defective grantor trusts” (IDGTs) when the grantor is treated as the owner for income tax purposes, but not for estate tax purposes.
Intentionally defective grantor trusts can evolve when the grantor makes an irrevocable gift to the trust or sells an asset to it. This asset is no longer considered owned by the grantor, but by the trust, so it will not be included in the grantor’s taxable estate.
The grantor will file their income tax return on the income of the trust in this case and pay any taxes due just as if the trust were revocable, but the trust’s assets will not be included in the grantor’s estate for estate tax purposes at their death. This is a significant benefit not shared by revocable trusts.
Grantor trust vs. irrevocable trust
The grantor of an irrevocable trust that does not meet the criteria to become a completely disregarded tax entity relinquishes ownership and control over the assets funded into it. The grantor no longer owns the property – the trust owns it. Grantors of irrevocable trusts cannot act as trustees of their own trusts. They must relinquish control to someone else.
Revocable grantor trusts
- The grantor can reclaim assets from the trust
- The grantor manages trust assets as trustee
- The grantor’s income is taxed on their personal return
- The trust’s assets are subject to estate taxes
Irrevocable trusts
- The grantor permanently relinquishes the assets
- Another person must act as trustee of the trust assets
- The trust files its own tax return and pays any associated taxes
- The trust’s assets are not subject to estate taxes
Determines
State laws and the documents forming a trust determine whether the trust is revocable or not. If the trust document does not specify that it is irrevocable, most states will consider it revocable.
Source: https://www.thebalancemoney.com/what-are-grantor-trusts-and-how-can-they-be-changed-3505545
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