If you are over 65 and made more than $15,700 income in 2023, you are above the filing requirement that makes April less fun. In the realm of financial planning, minimizing taxes and preserving assets for future generations at the top of most people's priorities. It’s not just what you make, it’s what you keep and can use. Trusts are a powerful tool to help with those goals, but are often underutilized. By strategically setting up trusts, individuals and families can avoid lifelong payments to the government chipping away at their assets, preserve their wealth, and make passing on those assets less costly in the future. In this article, we'll explore the tax advantages of trusts and how they can help you control safeguard your financial legacy.
Before we delve into the tax benefits, let's briefly define what a trust is. A trust is a legal arrangement where one party holds assets on behalf of another party. Trusts can take various forms and serve different purposes, but they generally involve three key players: the Grantor (the person who creates the trust), the Trustee (the entity responsible for managing the trust assets), and the Beneficiary (the individual(s) who benefits from the trust assets).
One of the most significant tax advantages of trusts is their ability to minimize tax liabilities, thereby reducing lifelong annual payments to the government. By transferring assets into certain types of trusts, such as our Absolute Protection Trust™, individuals can remove those assets from their taxable estate. As a result, any appreciation in the value of those assets that occurs within the trust is not subject to estate tax, effectively reducing the tax burden on future generations.
Another compelling reason to utilize trusts, particularly for property or homes, is to preserve the step-up in cost basis. Cost basis defines the value of your home when they inherit it. If you transfer your home or other appreciated assets into a trust, your heirs inherit the property with the cost basis set at the market value at the time of your passing. If you transfer your home to your heir outside of a trust, the cost basis remains at what you initially paid for the home.
Later, if they sell the home or other asset, they will have to pay capital gains taxes. If the government can't tax the appreciated value of the home (i.e. the difference between the purchase price and the step-up value), your heirs will not have to pay as much in capital gains taxes.
Probate court fees are another place your wealth can be chipped away. Trusts offer the advantage of avoiding probate, the legal process of transferring your assets to your heirs after death. Probate can be time-consuming and costly, and having a will does not avoid the probate process. By placing assets in a trust, they bypass probate and pass directly to the your chosen beneficiaries, minimizing the amount paid to the court, attorney's fees, etc.
Trusts are powerful tools that anyone can use to minimize taxes, preserve the wealth from a lifetime of work, and reduce how much it will cost to pass along your assets. Working with the Nelson Elder Care Law team, you can get expert guidance on the legal tools that will fit your situation and your priorities best, and leave a lasting legacy for future generations.
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