What is the trust tax loophole?

Asked by: Lue Price PhD  |  Last update: January 29, 2025
Score: 4.2/5 (62 votes)

The trust fund loophole refers to the “stepped-up basis rule” in U.S. tax law. The rule is a tax exemption that lets you use a trust to transfer appreciated assets to the trust's beneficiaries without paying the capital gains tax. Your “basis” in an asset is the price you paid for the asset.

How does a loophole work?

A loophole is basically a technicality that allows one to escape violating the law through some activity. Common loopholes are found in taxes and avoiding taxes, as well as with political issues such as political donations.

What is the biggest mistake parents make when setting up a trust fund?

One of the biggest mistakes parents make when setting up a trust fund is choosing the wrong trustee to oversee and manage the trust. This crucial decision can open the door to potential theft, mismanagement of assets, and family conflict that derails your child's financial future.

How do the rich use trusts to avoid taxes?

The long-favored grantor-retained annuity trusts (GRATs) can confer big tax savings during recessions. These trusts pay a fixed annuity during the trust term, which is usually two years, and any appreciation of the assets' value is not subject to estate tax.

What is the tax break for a trust?

In addition to initial funding, you can make an annual exclusion gift to an irrevocable trust each year without having to pay additional gift tax on that contribution. The 2025 gift tax exemption rate is $19,000 for individuals and $38,000 for married couples filing a joint tax return.

How the Rich Legally Avoid Paying Taxes (And Build Generational Wealth)

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What are the disadvantages of a trust account?

What Are the Disadvantages of a Trust?
  • Loss of Control. Setting up the trust necessitates you giving up some amount of control of the assets you place within the trust. ...
  • Loss of Asset Access. ...
  • Cost. ...
  • Recordkeeping Complexity. ...
  • High Need for Competency.

How much can a trust make without paying taxes?

However, qualified dividends and capital gains on assets held for more than 12 months are taxed at lower rates called the long-term capital gains rates. For trusts and estates, there are three long-term capital gains brackets for 2025 (which you'll file in 2026): $0 – $3,250: 0% $3,250 – $15,900: 15%

How do I not pay taxes on a trust?

Typically this comes in the form of income taxes which either the trust pays or your heirs pay when they receive distributions. You can mitigate that through the use of an intentionally defective grantor trust, or IDGT. This is an irrevocable trust into which you place assets, again shielding them from estate taxes.

Why do rich people put their homes in a trust?

Rich people frequently place their homes and other financial assets in trusts to reduce taxes and give their wealth to their beneficiaries. They may also do this to protect their property from divorce proceedings and frivolous lawsuits.

Can the IRS take your house if it's in a trust?

No, the trust property belongs to the trust, not the trustee. The IRS can only lien and seize property the trustee actually owns.

Why are trusts considered bad?

For example, a trust can be more expensive and complicated to draft than a will. Sitting down with an estate-planning attorney can be very expensive, particularly if you don't know what you want or need from the trust.

Should my parents put their property in a trust?

The Bottom Line: Putting Your House In A Trust Can Make The Inheritance Process Easier. Preparing for life after your death is never easy, but knowing you've made arrangements for your assets to be passed to your heirs once you're gone can give you invaluable peace of mind.

What accounts should not be in a trust?

There are several types of assets that should not be included in trusts for various reasons:
  • Individual retirement accounts (IRAs) and 401(k)s. ...
  • Health savings accounts (HSAs) and medical savings accounts (MSAs). ...
  • Life insurance policies. ...
  • Certain bank accounts. ...
  • Motor vehicles. ...
  • Social Security benefits.

What is the IRS loophole?

The basic definition of a tax loophole is a provision in the tax code that allows taxpayers to reduce their tax liability. However, this definition should be expanded to include shortcomings of the law that were not obvious when legislated.

What is the loophole rule?

In a loophole, a law addressing a certain issue exists, but can be legally circumvented due to a technical defect in the law, such as a situation where the details are under-specified. A lacuna, on the other hand, is a situation in which no law exists in the first place to address that particular issue.

What is a good example of loophole?

A loophole in the law allows all cigar shops to have sampling rooms. Half a million company car drivers are facing higher tax bills under government plans to close a loophole that allows employees to buy cheap vehicles. The loophole is widely exploited.

Is it better to gift a house or put it in a trust?

Parents and other family members who want to pass on assets during their lifetimes may be tempted to gift the assets. Although setting up an irrevocable trust lacks the simplicity of giving a gift, it may be a better way to preserve assets for the future.

Can a nursing home take your house if it is in a trust?

Once your home is in the trust, it's no longer considered part of your personal assets, thereby protecting it from being used to pay for nursing home care. However, this must be done in compliance with Medicaid's look-back period, typically 5 years before applying for Medicaid benefits.

How do wealthy people hide their assets?

Secret trusts and LLCs are increasingly common ways wealthy people are shielding assets in divorce. Trusts and offshore accounts controlled by a shadowy company.

What type of trust avoids all taxes?

A Living Trust can help avoid or reduce estate taxes, gift taxes and income taxes, too.

Is money inherited from a trust taxable?

Funds received from a trust are subject to different taxation rules than funds from ordinary investment accounts. Trust beneficiaries must pay taxes on income and other distributions from a trust. Trust beneficiaries don't have to pay taxes on principal from the trust's assets.

How to avoid inheritance tax with a trust?

An irrevocable trust transfers asset ownership from the original owner to the trust, with assets eventually distributed to the beneficiaries. Because those assets don't legally belong to the person who set up the trust, they aren't subject to estate or inheritance taxes when that person passes away.

How much can you inherit without paying federal taxes?

While state laws differ for inheritance taxes, an inheritance must exceed a certain threshold to be considered taxable. For federal estate taxes as of 2024, if the total estate is under $13.61 million for an individual or $27.22 million for a married couple, there's no need to worry about estate taxes.

Does money from a trust count as income?

Are distributions from a trust taxable to the recipient in California? Generally speaking, distributions from trusts are considered income and, therefore, may be subject to taxation depending on the type of trust and its purpose.

What is the downside of an irrevocable trust?

The downside of irrevocable trust is that you can't change it. And you can't act as your own trustee either. Once the trust is set up and the assets are transferred, you no longer have control over them, which can be a huge danger if you aren't confident about the reason you're setting up the trust to begin with.