The attorneys at Beck, Lenox & Stolzer Estate Planning and Elder Law, LLC, LLC, are often asked to advise a trustee on actions he or she wants to take with assets within a trust. In this particular blog, we are highlighting a trustee who is selling a home in an irrevocable trust for a parent who died.
Generally, assets transferred to an irrevocable trust will be deemed a completed gift and will not be included in an estate for estate tax purposes.
Lehigh Valley Live’s recent article entitled “What happens to tax on a home sold from a trust?” explains that this means there wouldn’t be a step-up in basis to the fair market value upon the decedent’s death.
Remember that an irrevocable trust is a type of trust in which its terms can’t be modified, amended, or terminated without the permission of the grantor’s named beneficiary or beneficiaries.
Irrevocable trusts have tax-shelter benefits that revocable trusts do not.
However, an irrevocable trust can be created so that the settlor (the creator) of the trust keeps certain rights and powers, so that gifts to the trust are incomplete.
In that instance, the assets are included in the settlor’s estate upon death and obtain a step-up in basis upon the decedent’s death.
If the trust sells the asset in the trust, the trust may need to file Form 1041, U.S. Income Tax Return for Estates and Trusts, and the trust may be required to pay a tax.
If the trust distributes any income to the beneficiaries in the same tax year it receives that income, the income is passed through to the beneficiaries, and the beneficiaries must report it on the beneficiaries’ individual tax returns (Form 1040) and pay any tax due.
It’s generally a good idea to report and pay tax at the individual rate instead of at the trust or estate level.
That’s because the trust or estate will begin to pay tax at the highest rate at only $13,150. In comparison, an individual doesn’t pay tax at the highest rate until his or her income exceeds over $440,000.
Note that an irrevocable trust is a more complex legal arrangement than a revocable trust. As a result, there might be current income tax and future estate tax implications when using this type of trust. When it comes to selling a home in an irrevocable trust, it’s wise to seek the assistance of an experienced estate planning attorney. When it comes to tax impact, the trustee may be advised to speak with an experienced tax consultant.
Reference: Lehigh Valley Live (Aug. 16, 2021) “What happens to tax on a home sold from a trust?”
