Читать книгу 2012 Estate Planning - Martin Inc. Shenkman - Страница 42

A taxable termination occurs when the interests of all non-skip persons (e.g., the non-skip person, such as a child, entitled to receive income from a trust) terminate as a result of death, lapse of time, or release of a power (right). For example, if a sprinkle/spray trust were established for your child and all grandchildren, the death of your child would result in a taxable termination of that trust for GST purposes.

The death of a child may avoid being treated as a taxable termination resulting in a GST tax if: (1) Immediately after the termination, another non-skip person (such as a child or sibling of yours) has an interest in the property; or (2) no distribution can be made to a skip person. The trustee of the trust pays the GST tax on a taxable termination. The amount of the tax is calculated based on the value of all property to which the taxable termination applied, reduced by expenses, debts, and taxes.