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so when we’re considering the tax
implications of establishing a trust
there’s income tax implications and then
there’s also a state and gift tax if we
take our typical revocable living trust
it has no income tax
ramifications nor does it accomplish any
estate or give tax changes but when we
get into irrevocable trusts for estate
tax savings for asset protection now we
are going to have income tax in the
state and gift tax issues to address now
we can design an irrevocable trust to be
income tax neutral it requires special
planning
and it frequently makes sense because
irrevocable trusts paid the top income
tax rates at very low levels for example
this year at about thirteen thousand
dollars a taxable income it will pay tax
at the top individual income tax rate
that a single person wouldn’t hit till
about two hundred and fifty thousand
dollars and then we have a state and
gift tax issues
if we want to make a transfer to a trust
a complete transfer for gift tax we have
to file gift tax returns in exchange
that asset is out of our state at death
and it can be untaxed for multiple
Generations
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Orlando, FL estates & probate attorney Jim Flick discusses the tax implications of setting up a trust. He explains that when establishing a trust, we must consider both income tax implications and state and gift tax implications. A typical revocable living trust has no income tax or estate and gift tax implications. However, irrevocable trusts for estate tax savings or asset protection require special planning as they may have income tax consequences and state and gift tax issues to address. It is possible to design an irrevocable trust to be income tax neutral, but it requires special planning. Irrevocable trusts are subject to high income tax rates at very low levels of taxable income. Additionally, when making a transfer to a trust for gift tax purposes, gift tax returns must be filed, and the asset is no longer part of the estate at death and can be untaxed for multiple generations.