A dynasty trust is a trust that lasts longer than one generation below that of the grantor. Asset Protection for your children can be an important consideration and a knowledgeable Asset Protection Estate Planning Attorney can make sure you take full advantage of this planning technique. This trust can be a worthwhile estate planning tool for multi-generational families. Forbes’ recent article, “2 Reasons To Consider A Dynasty Trust” explains that dynasty trusts have two unique benefits that make them attractive.
Generation-Skipping Transfer Tax (GST) Exemption. According to the American Bar Association, the GST tax is imposed on asset transfers to grandchildren and more remote descendants that exceed the exemption limits. As a result, the transferor can’t avoid transfer taxes by “skipping” a generation. The GST is imposed, in addition to gift and estate taxes.
A person can give up to $11.4 million in assets (the GST tax-exempt amount) to a trust in 2019. Trust assets are protected from transfer taxation for as long as the trust document and state law permit it. A dynasty trust uses the federal GST tax exemption by taking family wealth out of the transfer tax system for as long as the trust is in existence; income and principal is used to benefit each succeeding generation.
An additional benefit is that the GST tax exemption can often be extended, by transferring assets subject to valuation discounts.
Grantor Trusts Provide More Tax Benefits. In most cases, grantor trusts treat the trust creator as the owner of the trust assets for income tax purposes. This allows the trust principal to grow free of income tax. Creating the trust as a grantor trust adds another level of tax benefit to a dynasty trust.
The estate planning benefits of the asset transfer are increased by the grantor making the income tax payments instead of the trust. In other words, the assets in the trust aren’t reduced by income taxes. Any income taxes paid by the grantor reduce the size of the grantor’s overall taxable estate when calculating estate taxes.
There are a number of strategies a person can implement using dynasty trusts. You can discuss all your choices with an experienced estate planning attorney.
Reference: Forbes (July 23, 2019) “2 Reasons To Consider A Dynasty Trust”