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How the Generation-Skipping Tax Works
Perhaps you're one of the lucky people who is not only
financially well off yourself, but whose children are also
financially set for life. The down side of this is that they
also face the prospect of high taxes on their estates. You
may also want to ensure that future generations of your
heirs benefit from your prosperity. To reduce taxes and
maximize your gifting abilities, consider skipping a
generation with some of your bequests and gifts.
But your
use of this strategy is limited. The law assesses a
generation-skipping transfer (GST) tax equal to the top
estate tax rate on transfers to a "skip person," over and
above the gift or estate tax, though this tax is being
repealed along with the estate tax. A skip person is anyone
more than one generation below you, such as a grandchild or
an unrelated person more than 37-1/2 years younger than you
are.
Fortunately, there is a GST tax exemption. Beginning in
2004, this exemption was equal to the estate tax exemption
for that calendar year. Each spouse has this exemption, so a
married couple can use double the exemption. If you exceed
the limit, an extra tax equal to the top estate tax rate is
applied to the transfer -- over and above the normal gift or
estate tax.
Outright gifts to skip persons that qualify for the
annual exclusion are also exempt from GST tax. A gift or
bequest to a grandchild whose parent has died before the
transfer is not treated as a GST.
Taking advantage of the GST tax exemption can keep more
of your assets in the family. By skipping your children, the
family may save substantial estate taxes on assets up to
double the exemption amount (if you are married), plus the
future income and appreciation on the assets transferred.
Even greater savings can accumulate if you use the exemption
during your life in the form of gifts.
If maximizing tax savings is your goal, consider a
"dynasty trust." The trust is an extension of this GST
concept. But whereas the previous strategy would result in
the assets being included in the grandchildren's taxable
estates, the dynasty trust allows assets to skip several
generations of taxation.
Simply put, you create the trust, either during your
lifetime by making gifts, or at death in the form of
bequests. The trust remains in existence from generation to
generation. Because the heirs have restrictions on their
access to the trust funds, the trust is sheltered from
estate taxes. If any of the heirs have a real need for
funds, however, the trust can make distributions to them.
Material discussed is
meant for general illustration and/or informational purposes
only and it is not to be construed as tax, legal, or
investment advice. Although the information has been
gathered from sources believed to be reliable, please note
that individual situations can vary therefore, the
information should be relied upon when coordinated with
individual professional advice.
Source: Financial Visions, Inc. |