Section 5: Estate, Trusts, & Gift Taxes Flashcards
1
Q
Alternative Valuation Date
A
6 months after death
2
Q
Estate Tax Return Due
A
9 months after death
3
Q
Valid Trust (BRATS)
A
- Beneficiary - must identify who receives benefits
- Reasonable Intent - valid purpose for trust
- Assets - The trust must contain sime corpus or property
- Trustee - trustee must be placed to exercise control over assets
- Specified life - identifiable termination date
- Private trust - cannot live forever
- Charitable trust - lives forever
4
Q
Trusts are irrevocable unless
A
- reserve rights
- end of term
- occurrence of an event (death)
- purpose accomplished
- consent of trustor & all beneficiaries, remainderman, and courts
5
Q
Die without a will, assets distributed in the following order
A
- Spouse
- Children/Grandchildren
- Parent/ Grandparent
- Brothers/Sisters
6
Q
Grantor/Revocable Trust
A
creator(grantor) reserves the right to withdraw assets at any time
7
Q
Simple Trust
A
- Makes annual distributions exactly equal to Distributable Net Income (DNI) to taxpaying beneficiaries each year
- Taxable income normally reduced to $0 by distributions
8
Q
Complex Trust
A
- Trust that is not simple and meets 1 of the following criteria
- Some of the DNI is kept in trust
- Personal exemption is $100, not $300
- Oftern pays taxes on undistributed income
9
Q
Trust Personal Exemptions
A
- Complex - $100
- Simple - $300
- Estate - $600
10
Q
Trust Deductions
A
- Trustee Management Fees - Accountants, attorney’s, tax prep ( only deductable to percent of taxable income)
- Charity - Can deduct 100%
- Income Distribution Deduction - Taxed only once. Either stays or gets distributed by K-1
11
Q
Distributable Net Income (DNI)
A
- Max amount that can be taxed to beneficiaries, the rest is a distribution of principal
- Gross Income + Muni bond interst (no capital gains)
- Distributions Paid Deduction = $0
- No Exemptions
12
Q
Gift of Present Interest
A
- An immediate transfer of wealth
- Subject to $14k gift exclusion
13
Q
Gift of Future Interest
A
- Irrevocable transfer of the right to access wealth at a future time
- Must be reported regardless of amount
- Does not qualify for gift exclusion
14
Q
Uncompleted Gift (No Interest)
A
- Revocable transfer of the right to access wealth at a future time
- not reported and wealth is still considered a part of the taxpayer’s estate as long as they retain the right to revoke