Taxes And Trust-Owned Life Insurance: How To Provide Flexibility
But what happens if the insurance is later needed for other purposes outside the trust and back inside the taxable estate?
Careful advisors take the precaution of having the policy in a grantor (or defective) trust that by its terms allows the grantor/insured to purchase the contract out of the trust.
Not to worry!
- The trustee was obligated to assure that the purchase price paid was adequate.
- The transaction didn’t shift benefits among trust beneficiaries.
Take the planning flexibility one step further.
- The 3-year look-back rule for purposes of estate taxation, because the policy was sold and not gifted to the trust
- A transfer-for-value for income tax purposes, because the sale to a grantor trust by the grantor is deemed a transfer to himself.
