Problem 5
(1) Grantor creates a trust with income to Spouse for life, remainder to Child if living and, if not, reversion to Grantor or Grantor’s estate.
(a) If Grantor predeceases Spouse and Child, is Section 2037 applicable to the transfer?
No. Section 2037 is not applicable to the transfer.
Based on Section 2037, “ The value of the gross estate shall include the value of all property to the extent of any interest therein of which the decedent has at any time after September7, 1916, made a transfer, by trust or otherwise, if (1) possession or enjoyment of the property can, through ownership of such interest, be obtained only by
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In this case, Section 2037 does not apply because that grantor does not have a reversionary interest. And also A can possess or enjoy the property without surviving the decedent.
What are included?
Since section 2037 does not apply in this case, and the decedent made the gift within three years of death. Section 2035(a) invoked to cause inclusion in the gross estate.
Based on section 2035(a), “ If (1) the decedent made a transfer (by trust or otherwise) of an interest in any property, or relinquished a power with respect to any property, during the 3-year period ending on the date of the decedent’s death, and (2) the value of such property would have been included in the decedent’s gross estate under section 2036, 2037,2038, or 2042 if such transferred interest or relinquished power had been retained by the decedent on the date of his death. The value of the gross estate shall include the value of any property (or interest therein) which would have been so included. “
As a result, the value included in the decedent’s estate is still the full property less the value of the spouse’s outstanding life estate.
(c) Grantor creates a trust with income to S for life, remainder to A if living and, if A is not living, reversion to Grantor if Grantor is living; if Grantor is not living, remainder to
Before the 95-year old died, the taxes such as the estate, capital gains various other federal and state levies would have played a major role in his final decision.
During the calculation of taxable income for a non-grantor foreign trust, the trust will obtain a deduction for allocation to beneficiaries. These distributions are conducted to the degree that they consist of the deductible net income of the trust for the taxable period or year. The allocated deductible net income maintains its character before the recipient beneficiaries and will be taxable to them in addition to having the capital gain and ordinary income items. Reporting Obligations of Beneficiaries of Foreign Trusts:
(A) if such contract or interest therein has a basis for determining gain or loss in the hands of a transferee determined in whole or in part by reference to such basis of such contract or interest therein in the hands of the transferor,
I authorize the three executors with equal parts of my kingdom divided into three parts. The land or property can only be acquired when the executors agree to follow the conditions listed below:
Estate planning addresses the distribution of assets prior to a person's death. With the estate plan, the court understands the deceased's final wishes and how he or she wishes their assets to be shared. For some, the process is simple, as the assets are jointly owned or aren't of high value. Others, however, have estates that require special consideration. This is true when there are children involved or the deceased was a partner in one or more
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When a loved one passes away and leaves us a portion of their estate, there is often an inheritance tax attached to this estate, which will need to be paid. Here, we 'll examine exactly what that tax is, why it exists and if it applies to you, alongside many other common questions.
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When 2 persons died on or after 01 Jan 2006, and the later death occurred not more than 24 months after the earlier death, the estate of the later death is entitled to QSR. Where the order of the 2 deaths is unknown, the younger person is presumed to have survived the older person and inherited the older person's assets. Each estate is assessed separately and the exemptions under the Estate Duty Act will apply separately on each assessment. For all quick succession deaths, a relief of varying amount would be given depending on the time period between the two deaths, as shown in the table below.
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