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Q: Who can receive an unlimited marital deduction when there is an outright bequest of stock?
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Reverse qtip trust?

I'm sure many learned accountants and attorneys can find fault with this answer, but it is going to be too long even with this simplified version. What is a QTIP: To understand a Reverse QTIP, you must first know what a QTIP is. A QTIP trust is a Qualified Terminable Interest Property trust. This refers to the ability to give (either during life or at death) assets to your spouse in trust and not be subject to gift tax or estate taxes because a QTIP trust has special requirements from the Internal Revenue Code so that it qualifies for an unlimited marital deduction. Lets say that Husband dies and leaves assets to Wife in trust. The Husband's estate will have to file a form 706 (estate tax return) with the IRS. If the trust meets certain qualifications set out by the IRS, then a QTIP election can be on the return. Any assets for which a QTIP election is made transfer to Wife in trust without any tax being assessed. If a QTIP election is not made, estate tax is assessed on the assets left in trust for Wife. It's that simple. As long as the trust qualifies, you make the QTIP election to get the unlimited marital deduction. All of those assets are now considered the assets of Wife. A Different Tax the Reverse QTIP is used on: Wealthy people used to often think, "If I give this money to my kids when I die, not only will I have to pay taxes on it, but when they die they will have to pay taxes on this money too. Why don't I just skip my kids and give it directly to my grandkids. That way we only have to pay the taxes once." That worked until the IRS figured out that they were missing out on a generation of estate taxes. Then they added the Generation Skipping Transfer (GST) Tax for any gift that skips a generation. Where a "Reverse" QTIP Comes In: Just like the estate tax has a credit amount and the gift tax has a credit amount, the IRS also gives each of us a credit to apply to the GST. Husband has one GST credit and Wife has one GST credit. However, if husband has given all assets to wife on death, he has not used his credit. Now only Wife's credit is left for any assets passing on to grandchildren. One of the credits the couple could have used has been, in essence, torn up and thrown away. You will recall that above I mentioned that an election must be made on form 706 (a QTIP election) to get the unlimited marital deduction. What happens if that election is not made? If the QTIP election is not made, any assets that pass on to grandchildren will be considered as Husband's for GST credit purposes but taxes will have to be paid on whatever is given to Wife. Here's where it gets tricky. At the same time the QTIP election is made for estate tax purposes, another election can be made "reversing" that QTIP election for the purposes of the Generation Skipping Transfer Tax. Therefore you have the benefit of both credits. The property gets a QTIP election for estate tax purposes but is still considered as Husband's for GST credit purposes. That way the property gets the unlimited marital deduction, but Husband still gets to use his GST credit. Separate Reverse QTIP Trust: When the QTIP election is reversed for GST purposes, it must be reversed for the entire set of assets in the trust. Typically the QTIP trust will be much larger than the GST credit amount will cover. (Remember the QTIP marital deduction is "unlimited.") Therefore, good planners will often create two QTIP trusts. One trust is just the right amount on which to "Reverse" the QTIP election for purposes of taking the GST credit. The rest (unlimited amount) gets dumped into the other QTIP trust that will not be reversed. Therefore, the smaller trust is called a "Reverse QTIP" Trust. In summary, a Reverse QTIP Trust is a QTIP trust that is created in the anticipation that the amount placed in the trust will have the QTIP election reversed for GST purposes so that it still qualifies for the Husband's GST credit. In doing so, the credits of both spouses get to be used. If this planning is not done, only the last one to die gets to use their GST credit.


Can a single person qualify for a reverse mortgage?

Yes. Marital status does not matter.


Why is a persons marital status relevant when applying for a loan?

Marital status gives a lender information about a person applying for a loan. It gives them insights, coupled with other information provided, into ability to repay the loan, additional sources of income, stability of individual, etc.


Can a single person get a mortgage?

Yes. Getting approved for a mortgage depends on your ability to pay, not on your marital status.


Can you deny your spouse access to your bank account?

You can deny your spouse access to your bank account if the bank account isn't marital property. Different states have different laws specifying how long you have to be married to have marital property. Banks will often give information to spouses, even if they aren't on the account.

Related questions

What it an unlimited martial deduction?

On an estate tax return, all property that is included in the gross estate and passes to the surviving spouse is eligible for the marital deduction. The property must pass "outright." Since there is not limit to the amount that can be deducted, it is an unlimited marital deduction. For more information, see IRS Publication 950 at http://www.irs.gov/pub/irs-pdf/p950.pdf


Does a Qualified terminable interst property trust qualify for a marital deduction?

A QTIP trust (a.k.a. C trust), which is typically created at the death of the first spouse to die, grants the surviving spouse a lifetime right to the income of the trust (at least annually) while transfering the remainder interest to individual(s) of the grantor's choosing. This qualifies for the unlimited marital deduction even though the spouse does not receive outright access to the assets in the trust. Even though this IS a terminable interest (usually disqualifying the marital deduction), the QTIP will qualify for the unlimted marital deduction since the surviving spouse will be required to include, in his/her gross estate, the fair market value, at the surviving spouse's date of death, the assets of the trust. The assets are taxed later in the surviving spouse's gross estate, but they will pass to the beneficiary of the trust, chosen by the first-to-die-spouse, at the surviving spouse's death.


What type of assets qualify for a marital deduction in estate planning?

REAL aSSETS


Does the Rhode Island estate tax marital deduction apply to same-sex couples?

Yes. Pursuant to a September 21, 2012 ruling, parties to a civil union (RI or out-of-state) or an out-of-state same-se marriage are entitled to the marital deduction when computing Rhode Island estate tax.


How do you pronounce marital?

marital


Arnold Palmer marital status?

palmer marital status


How can you use the word martial in a sentence?

What is your marital status?Welcome to our marital home.


Is your 401K your property or joint property in divorce in Minnesota?

Generally, your 401K is considered marital property in Minnesota. You can read more about marital assets and divorce in Minnesota at the related link.Generally, your 401K is considered marital property in Minnesota. You can read more about marital assets and divorce in Minnesota at the related link.Generally, your 401K is considered marital property in Minnesota. You can read more about marital assets and divorce in Minnesota at the related link.Generally, your 401K is considered marital property in Minnesota. You can read more about marital assets and divorce in Minnesota at the related link.


What is marital assimilation?

Marital assimilation is apparent when large-scale intermarriage occurs.


What is a pre-marital license?

A pre-marital license is a license that you get before you get married.


What you mean by marital stats?

Marital status means, simply, whether or not you are married.


What was Amalie Emmy Noether's marital and family status?

marital and family status