Academic journal article Journal of Accountancy

Grantor Retained Interests Clarified

Academic journal article Journal of Accountancy

Grantor Retained Interests Clarified

Article excerpt

The IRS issued final regulations providing guidance on the portion of property (held in trust or otherwise) includible in a grantor's gross estate if the grantor has retained the use of the property or the right to an annuity, unitrust, graduated retained interest or other payment from the property for life, for any period not ascertainable without reference to the grantor's death or for a period that does not in fact end before the grantor's death (T.D. 9555).

The regulations provide a method for determining the portion of the corpus of a grantor retained annuity trust or grantor retained unitrust that is includible in the grantor's gross estate under Sec. 2036 if the deceased grantor has retained an interest that increases annually during the term of the trust (a graduated retained interest). This method applies to graduated retained interests in transferred property whether or not held in trust.

Pegs. Sec. 20.2036-1(b)(1)(ii) provides the method required to compute the amount includible in the decedent's gross estate under Sec. 2036 where the decedent is to receive a payment (or an increased payment) after the death of another beneficiary who is receiving an annuity or other payment at the time of the decedent's death.

The regulations also address an issue that arises when all or a portion of the trust corpus is includible in the gross estate under Sec. …

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