Portability and Credit Sheter Trusts CEPlan Form
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People also ask
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What is the purpose of portability?
Portability is a way for spouses to combine their estate and gift tax exemptions. More specifically, it's a process where, after the first spouse dies, the surviving spouse can transfer (i.e., “port”) the unused estate tax exemption of the deceased spouse to himself or herself.
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What is the IRS portability rule?
Portability allows a surviving spouse the ability to transfer the deceased spouse's unused exemption amount (DSUEA) for estate and gifts taxes to a surviving spouse, so long as the Portability election is made on a timely filed federal estate tax return (IRS Form 706).
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What are the disadvantages of a credit shelter trust?
One of the disadvantages of a credit shelter trust is that it does not give the surviving spouse immediate access or full control over the trust assets. Instead, the spouse can generally receive income from the trust and may be allowed to use the trust principal to pay for health, education, and maintenance as needed.
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What is the legal definition of portability?
Simply put, portability is a way for spouses to combine their exemption from estate and gift tax. More specifically, it's a process where a surviving spouse can pick up and use the unused estate tax exemption of a deceased spouse.
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What is the portability clause of a trust?
“Portability” is a provision that allows a deceased spouse's unused estate tax exclusion amount to transfer to the surviving spouse, helping to alleviate any wasted exclusion amount and creating greater flexibility for families.
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What is the purpose of a credit shelter trust?
Credit shelter trust (CST) (also called an AB trust or a bypass trust) is a tool used by well-off married individuals to legally maximize their estate tax exemptions. The strategy involves creating two separate trusts after one spouse passes.
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What are the disadvantages of electing portability?
The best news is that, other than having to file a federal estate tax return (Form 706), there is no downside to including portability in a plan. Portability was meant to simplify tax planning.
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Is portability better than AB trust?
Advantages of Portability This is in contrast to using a bypass trust, where the assets are stepped up at the death of the first spouse, but not at the death of the second spouse. Compared with bypass trusts, there is no need to retitle assets or divide assets into separate trust shares when using portability.
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