Question

In: Accounting

What is the difference between a simple and a complex trust? What is a grantor trust?

  1. What is the difference between a simple and a complex trust?
  2. What is a grantor trust?

Solutions

Expert Solution

Simple Trust

  • A simple trust is a type of trust where beneficiaries are only given any accumulated interest from a trust fund account until a predetermined time period has passed.
  • It is governed by the terms and conditions of the trust agreement.
  • All the details about provision ,distribution and management of the trust property including the responsibilities of everyone involved are all contained in the trust agreement's terms and conditions.
  • Setting up a simple trust is usually less expensive because the trustee's work is clear cut and simple.
  • A simple trust is requirred by the fedral income tax law to distribute all net income from the trust property on a yearly basis.

Complex trust

  • A complex trust is any trust agreement that falls outside the scope of a simple trust.
  • A trustee in a complex trust can distribute the funds to the benificiaries which may include charitable organizations as long as it is allowed by the trust agreement.
  • The trustee play an important role in managing the property assets on behalf of the trust beneficiaries.
  • Estate properties are often transferred into a complex trust.
  • Estate management responsibilites include estate Tax payment,bill payments and maintenance expenses.

Difference

Simplex Trust Complex Trust
1 Beneficiaries receive principal and accumulated interest until specified time had passed Beneficiaries may receive principal and interest but are subject to terms and conditions of trust agreement
2 Less expesive Expensive
3 Trustee’s only job is to make sure distribution of trust assets happen at a specified time. Trustee oversees management of the trust property
4 All net income generated by the trust property is distributed on a yearly basis It may retain income from investments but the funds may be distributed as long as the terms and conditions of the trust are met

Grantor Trust

  • A Grantor Trust is a trust in which the grantor, the creator of the trust, retains one or more powers over the trust
  • A third person, nonadverse to the grantor, holds an interest or control over the trust that can be attributed to the grantor.
  • The grantor, not a beneficiary, is taxed on all the trust's income, even though he or she is not entitled to any trust distributions.
  • Grantors can also change the beneficiaries of a trust along with the investments and assets .
  • Due to all powers retained by the grantor, the trust is treated as a Grantor Trust for income tax purposes.
  • Grantor Trusts are a valuable estate planning tool, with revocable trusts being by far the most common type, and can offer significant possibilities for estate or gift tax savings.

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