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Asset Protection Planning

Advantages/Disadvantages of Dynasty Trust.

Understanding the basic factors concerning your options is important. The information listed below should give you a clear picture of what you can expect in terms of benefits.

What is a Dynasty Trust?
  • A long-term Trust.
  • It is irrevocable.
  • Provides ownership flexibility.
  • Provides asset protection.
  • Provides income and the transfer of tax savings.
What are the Tax Advantages?
  • Eliminates or reduces transfer taxes for successive generations.
  • Locks in annual exclusion gifting*.
  • Locks in Unified Credit*.
  • Locks in GST exemption*.
  • Reduces income taxes.

* Congress could later reduce or eliminate current credits, exclusions, and exemptions

What are the Non Tax Advantages?

  • Provides beneficiary use of property.
  • House
  • Vehicles
  • Loans
  • Down Payments
  • Assets protected from imprudent investments.
  • Assets protected from creditor claims.
  • Assets are protected from spousal divorce claims.
  • Provides for incentive distributions

Estate Tax Chart

Year Exclusion Amount Top Margin Rate
2003 $1,000,000 49%
2004 $1,500,000 49%
2005 $1,500,000 49%
2006 $2,000,000 45%
2007 and 2008 $2,000,000 45%
2009 $3,500,000 45%
2010 Unlimited N/A
2011 and thereafter $1,000,000 55% (or 60%)

 

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