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Estate planning Q&A: Sales to Intentionally Defective Grantor Trusts explained

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How to transfer wealth without using much of your estate tax exemption
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July 09, 2024
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Despite the name, Intentionally Defective Grantor Trusts (IDGTs) are not necessarily ‘defective’ when it comes to your estate plan. In fact, IDGTs can be an incredibly useful and valuable estate planning vehicle. By strategically selling assets to an IDGT, you can potentially reduce your taxable estate and provide long-term benefits for your family.

What is an IDGT?

See our related article Estate Planning Q&A: Gifting to Intentionally Defective Grantor Trusts explained to understand the basic structure of an IDGT and how to make a traditional gift to your IDGT. This article discusses selling assets to your IDGT. The transaction is structured much like any other sale. You sell assets to the IDGT in exchange for a promissory note equal to the fair market value of the assets. This removes the assets from your taxable estate and replaces them with the note, essentially ‘freezing’ the value included in your estate. For example, you sell an asset with a fair market value of $5M to your IDGT in exchange for a $5M note. The asset grows outside of your estate to a fair market value of $10M. The asset appreciates outside of your estate, but only the $5M value of the note is included in your estate.

Because an IDGT is not considered separate from you for income tax purposes, the sale transaction is generally disregarded. When appropriately structured, a sale to an IDGT can transfer wealth to future generations without triggering transfer taxes or income taxes.

Initial seed gift diagram

What are the requirements for selling assets to an IDGT?

What are the benefits of selling assets to an IDGT?

What are the potential downsides of selling assets to an IDGT?

Is an IDGT right for you?

Selling assets to your IDGTs can be a valuable and flexible way to transfer wealth with minimal to no tax consequences. If you anticipate your net assets exceeding the lifetime gift tax exemption, making a sale to an IDGT could be the right strategy for you. By understanding the requirements, advantages, and potential downsides, you can make an informed decision about whether an IDGT is right for your estate planning needs. As always, consult with your tax advisor to tailor a strategy that best suits your situation and goals.

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