The complex world of trusts is attracting an increasing number of individuals despite the seemingly harsher tax schedule they follow, a trend that’s left many scratching their heads. Questions arise, why would anyone want to expose their assets to higher taxes? A closer look, however, reveals that the tax implications of trusts aren’t always as straightforward as they appear, and the benefits they offer can often outweigh the higher tax rates.

Trusts, essentially separate legal and taxable entities, are often perceived as tax burdens due to the higher marginal federal rate they attract. For example, while a single taxpayer would need to have a taxable income exceeding $578,125 to pay taxes at the highest marginal federal rate of 37%, a trust would hit this rate with just over $14,450. However, not all trusts result in taxes at these daunting rates. The key lies in the type of trust established, with the bulk of them being ‘granter’ trusts, where the person who creates the trust is treated as the owner for income tax purposes. This nuanced understanding of trust taxation is vital for those considering this financial move.

Understanding Trusts: A Financial Planner’s Insight

The Tax Conundrum Around Trusts

Eddie, a reader, asks why so many people are setting up trusts, despite high tax rates applicable to these legal entities. The confusion stems from the fact that trusts are subjected to harsher tax schedules than individuals. For instance, a single taxpayer would need to have taxable income exceeding $578,125 to fall in the highest marginal federal rate of 37%. In contrast, a trust would hit that tax rate with just over $14,450.

The Granter Trusts Explained

However, not all trusts are subject to these high tax rates. The key lies in understanding ‘granter’ trusts. A granter, also known as a settlor, trustmaker, or trustor, is the person that creates a trust. Trusts are separate legal and taxable entities, with the trust being the legal owner of assets titled in its name. But in a granter trust, the granter is treated as the owner for income tax purposes.

The Power of Revocable Living Trusts

A common type of granter trust is the revocable living trust or inter vivos trust. This trust is created by the granter while they are alive, and the granter retains the power to amend or revoke the trust. The trust owns the assets, but the granter is taxed for any income, dividends, or capital gains. In most cases, the tax ID for such trusts is the granter’s Social Security number.

The Shift from Grantor to Irrevocable Trusts

When the granter dies, the trust becomes irrevocable and is subjected to trust tax rates for any income accumulated in the trust thereafter. However, even then, higher rates may not apply due to income deductions the trust can take. The most significant of these deductions applies to distributable net income (DNI). When distributions are made from the trust to a beneficiary, the trust issues a K-1 and the beneficiaries report the income on their personal return at rates applicable to them, rather than at trust rates.

Closing Remarks

Trusts can be powerful tools for asset management, estate planning, and tax planning. However, they can get complicated quickly, and it’s advisable to seek help from a qualified estate planning attorney to draft documents that are suitable for you and your family. The laws surrounding trusts can vary significantly from state to state, and professional guidance can ensure that you make the most of these legal instruments.

Takeaways: Trusts, especially granter trusts, are not always subject to higher tax rates. They can be powerful tools for financial planning, but due to their complexity, it’s advisable to enlist the help of an estate planning attorney.