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Estate Planning | Gift Tax Planning | Intentionally Defective Grantor Trust

By Eric Sterling
Published in Taxes
May 19, 2023
1 min read
Estate Planning | Gift Tax Planning | Intentionally Defective Grantor Trust

Estate planning is vital for individuals who want to ensure that their assets go where they want them to after they pass away. Many people believe that estate planning is only for the rich, but even those with modest assets can benefit from it. One of the ways to optimize estate planning is through gift tax planning, using an Intentionally Defective Grantor Trust (IDGT).

An IDGT is a type of trust where the grantor retains some control of the trust assets, but for tax purposes, the trust is separate from the grantor. This means that assets transferred to an IDGT are not subject to gift tax, and any income earned by the trust is still taxable to the grantor. Essentially, it allows individuals to move assets out of their estate without paying gift tax.

Another advantage of an IDGT is that it can freeze the value of appreciating assets, such as stocks, at their current value, allowing beneficiaries to receive the full appreciation of those assets without paying additional taxes. They can also be structured to allow for the grantor to receive income from the trust during their lifetime, while still protecting the assets from creditors or other liabilities.

While an IDGT can be a powerful estate planning tool, it is important to consult with a financial or legal professional to ensure that it is right for your specific situation. It’s also important to note that tax laws and regulations can change, so it’s crucial to stay up-to-date and adjust your plan accordingly.

In summary, an IDGT is a way for individuals to move assets out of their estate without incurring gift tax, while also allowing for control and potential tax benefits. Proper estate planning can give individuals peace of mind knowing that their assets will be distributed according to their wishes and can reduce stress on their loved ones during a difficult time.


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