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To get the step-up in basis, the assets in the irrevocable trust now must be included in the taxable estate at the time of the grantor’s death. That’s the bad news.
Income Taxes. An irrevocable trust may hold assets that generate income, ... the IRS announced that the step-up in basis does not apply to assets held in irrevocable grantor trusts.
Therefore, if the taxpayer's sister were to sell the house for $100,000, she would not have to pay any income tax because the sales price ($100,000) minus her stepped-up basis ($100,000) would be a capital-gain income of zero. See the explanation under "Rationale for stepped-up basis" (below) for an explanation of why the Tax Code would do this.
By retaining a special power of appointment, the settlor should receive the following benefits: (1) The settlor can transfer unlimited amounts to the trust at any time without gift tax consequences, (2) the assets of the trust are entitled to a step-up in basis upon the settlor's death, (3) the settlor can pay the income taxes on the earnings ...
IRS Rule Change Should Have You Rethinking Your Irrevocable Trust appeared first on SmartReads CMS - SmartAsset. The rule, published at the end of March, changes how the step-up in basis applies ...
The grantor achieves benefits by retaining a special limited power of appointment: (1) The grantor or any third party can gift or exchange unlimited assets to the trust at any time, (2) the assets held by the trust may be entitled to a step-up in basis, (3) the grantor pays the trust's income and capital gains taxes on assets owned by the trust ...
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