Attorneys Who Know.
Attorneys Who Care.

Using a living trust as an effective tax reduction tool

On Behalf of | Aug 13, 2024 | Trusts |

A living trust serves as a powerful tool for managing and protecting assets. Many people also use it as a strategic way to reduce taxes. 

Understanding how a living trust can help with tax reduction allows individuals to make informed decisions about their financial planning.

Defining living trusts

A living trust, or revocable trust, is a legal arrangement where a person, called the grantor, places assets into a trust during their lifetime. The grantor maintains control of the assets and can make changes to the trust as needed. Upon the grantor’s death, the assets in the trust transfer directly to the beneficiaries without going through probate.

Tax benefits of using a trust

One key benefit of a living trust is its potential to reduce estate taxes. Estate taxes apply to the total value of a person’s estate at the time of their death. Since the assets in a living trust do not pass through probate, it is possible to exclude them from the taxable estate. By lowering the value of the taxable estate, a living trust may reduce the estate taxes owed.

In addition to estate tax benefits, a living trust may also offer advantages in minimizing income taxes. Certain types of living trusts, such as grantor trusts, allow the grantor to pay taxes on the income generated by the trust assets during their lifetime. This protects trust assets from separate tax charges, potentially reducing the overall tax burden on the estate.

Capital gains considerations

Another tax-related benefit of a living trust involves the possibility of avoiding capital gains taxes. Upon the selling of assets after the grantor’s death, beneficiaries may receive a “step-up” in the cost basis of the assets. This step-up implies that valuation of assets at their market price on the date of the grantor’s death, rather than the original purchase price. As a result, any increase in value before the grantor’s death will not be subject to capital gains taxes.

Using a living trust offers various tax reduction opportunities for both the individual and their family. By understanding how to utilize a living trust effectively, you can protect your wealth and ensure your beneficiaries receive more of the assets intended for them.

Archives