Читать книгу 2012 Estate Planning - Martin Inc. Shenkman - Страница 41

When there is a distribution of property or money from a trust to a skip person, the GST tax may apply. If the GST tax is paid out of a trust, the amount of tax paid is treated as an additional distribution subject to the tax. The GST tax on a taxable distribution is charged against the property that was given, unless specific provisions are made for a different treatment. The transferee (e.g., grandchild) is liable to pay the GST tax.

PLANNING NOTE: If you are very wealthy but have no GST exemption left, you may opt to create what is referred to as a “sprinkle” or “spray” trust (that is, one where the trustee may make distributions to any descendant or not make any distributions at all) in 2012 that permits but does not require distributions to or for skip persons. In that manner the trustee can exercise control over when and if to incur a GST tax. A common approach is to permit distributions to or for the benefit of a skip person, such as a grandchild, from a GST non-exempt trust so that the trustee can make distributions for qualified tuition and medical expenses that do not trigger GST tax. The trustee can then determine if any further taxable distributions should be made.

For example, if you are an elderly and very wealthy taxpayer who has used all of your GST exemption, you may be willing to fund such a sprinkle trust in 2012 for children and later descendants intentionally incurring some gift tax at the cur-rent low 35 percent rate. However, you may not be willing to also trigger GST tax, which can be deferred or avoided.