Many types of trusts are created with a similar goal in mind: to protect assets and the income they generate from a higher tax rate, 债权人或其他负债. A grantor trust is an example of a trust that lets the the holder (the grantor) protect the assets placed in trust by paying the tax liability on his/her personal 1040年返回 rather than deferring the tax liability to the trust and thereby cutting the amount ultimately paid out to the trust beneficiaries.
在过去, 当时信托税等级内的收入范围更大, this could provide tax saving opportunities if the individual’s tax bracket was higher than the trust. In other words, if the grantor held the assets personally, they would be taxed as the personal rate. 然而，近年来 国税局 established rules considerably slimming each trust tax bracket so the income threshold for trust-held assets to be taxed at the highest possible rate (37%) is much lower.
See the table below for the income thresholds for individuals and trusts at which income is taxed at the highest percent.
Despite the apparent tax advantages of holding assets personally rather than in this type of trust (given the above comparison), this type of trust still provides benefits that should be considered including the following.
首先，报税过程更简单. 虽然 1041年形成 仍然需要提交文件来承认信托, it is treated as a disregarded entity by not reporting income for tax purposes. 而不是, 应纳税所得额, deductions and credits reverts to the grantor’s 1040年返回 and if the trust paid income to one or more beneficiaries for the taxable year, the beneficiary(ies) also pay taxes on the income gifted them by the trust.
The following benefits also make a grantor trust valuable:
资产管理与控制
The owner of a revocable grantor trust has considerable liberty to control the assets held within the trust including by removing assets and adding others. The grantor also has the power to change the beneficiaries, 指挥其他受托人甚至撤销信托.
授予人信托与遗产规划
Although the grantor protects the trust assets by assuming the trust’s tax liability, any assets held in trust are not taxed to the grantor upon his or her death, thereby cutting (sometimes considerably) the amount in estate tax owed.
Additionally, one type of this trust called the intentionally defective grantor trust also can lower 遗产税 by freezing certain assets in the trust that still includes income tax but not estate tax commitments. This type of grantor trust must be irrevocable to enjoy this benefit.
资产保护，高效分配和隐私
One notable benefit of many trusts is the protection afforded to assets from creditors, 诉讼和其他索赔人, 对于某些授予人信托也是如此吗, thereby preserving the assets for the trust beneficiaries. Assets in a grantor trust also avoid the probate process, which saves time and money when distributing assets and grants privacy since the probate process is part of the public record.
创收信托和慈善捐赠
Some grantor trusts pay income to the owners with one type providing charitable benefits. 授予人保留年金信托, 例如, provides the grantor with an annuity for a specific term period with the remainder awarded to beneficiaries, 从而减少授予人死后的遗产税. 在信托范围内, assets may also appreciate and pass to beneficiaries without consideration for gift taxes.
另外, a charitable remainder trust or a charitable lead trust provides income to the grantor or other beneficiaries for a certain period of time, 剩下的捐给一个慈善组织, 提供额外的慈善和税收优惠.
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授予人信托提供多种管理方式, tax and estate planning benefits by allowing the grantor to assume liability for trust-generated income and protect value of the assets for beneficiaries. Understanding your goals and the tax implications of choosing one trust over another will be crucial to helping you make the right decision.
One of 老葡京手机app’s experienced accountants can help you navigate the complex area of trust and estate planning. 如有任何问题，请通过我们的 网上联络表格.
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