Monday, October 24, 2011

Fresh Planning Opportunities for Qualified Personal Residence Trusts

Qualified personal residence trusts ("QPRT"s) have been an extremely useful estate planning tool for years.  But now in 2011 and 2012, it is a particularly good time for QPRTs.  Why?  Three reasons:
(1)  there is a new gift tax exemption available in the amount of $5M when it was previously only $1M.  This allows much more gifting to take place. 
(2)  there is a potential valuation discount available for an undivided interest in real estate as set forth in Ludwick, TCM 2010-104 which allowed a 17% discount for lack of marketability and lack of control.
(3)  the current depressed housing market has made QPRTs a very viable method because the lower the current value, the less the amount of gift tax exemption that needs to be used.

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