It cannot be denied that the rich live differently than the rest of us. Beyond the simple comforts of being able to pay their bills without ever being concerned about how much money is in their bank account, there are behaviors that the rich engage in which are unfathomable to the rest of the population. Oftentimes, these behaviors help the rich stay rich, and let them pay less in income tax than the rest of us.
1. Using Trusts to Give Away Houses
Qualified personal residence trusts, known as QPRT’s, effectively freeze the value of a real estate property for tax purposes. The homeowner puts the primary residence in the trust, and then retains ownership for the number of years that they choose.
When the trust ends, the property is transferred out of the taxable real estate. The estate only has to pay gift tax on the value of the property when the trust was formed, rather than the ultimate value of the home. This method of preserving wealth has become very popular in the past year as interest rate hikes have added another tax benefit.
2. Passing Wealth to Future Generations Through Trusts
Some of the wealthiest families in America, from the Wrigley family to Jeff Bezos of Amazon, have used generation-skipping trusts to avoid paying wealth transfer taxes and provide for their future heirs. These dynasty trusts allow taxpayers to pass along wealth to generations, and only be subject to the 40% generation-skipping tax once.
Some states have exceedingly long limits of dynasty trusts, with Florida and Wyoming in particular allowing dynasty trusts to last as long as 1,000 years. While the heirs won’t own the trust assets while they’re in the trust, they will have lifetime rights to the trust’s income and real estate.
3. Giving to Charity via Trusts
Charitable remainder trusts (CRT’s) are one of the tricks of the wealthy that let them have their cake, and eat it too. Affluent Americans can use their wealth to put assets in a trust, then collect annual payments for as long as they live.
The assets in the trust have to, ultimately, be used for charitable purposes, but in order to pass muster with the IRS, only 10% of the assets must be donated. These types of trusts can be funded with a var
4. Using Charitable Trusts that Give Remainder to Heirs
These trusts are also known as the Jackie O trust, since it was famously used by the late First Lady. A Charitable Lead Trust (CLT) makes annual payments to one charity, or multiple, and whatever is left when the trust expires goes to a remainder beneficiary picked by the granter. The beneficiary is generally the granter’s children, or grandchildren.
The benefit of this type of trust is that, if the assets within the trusts appreciate faster than an interest rate set by the IRS at the time of funding, the beneficiary can end up with a larger inheritance. These types of trust can be used to discreetly transfer wealth, while publicly being philanthropic.
5. Taking Out Loans to Pay Estate Taxes
Unlike some of the other wealth transfer techniques on this list, this is a method of transferring wealth that is highly scrutinized by the IRS. For families who are asset-rich but cash-poor, a significant estate tax bill can lead to attempting to sell the assets within the deadline. For some, though, they take out a loan instead.
These loans are called Graegin loans, named after a 1988 Tax Court case. The estate can make an upfront deduction on the interest of these loans, and then familiars have the chance to defer estate tax for as long as 14 years if illiquid assets make up at least 35% of the estate’s value These families pay off the installments with interest, effectively taking a loan from the government.
6. Buying Offshore Life Insurance Policies
Private-placement life insurance (PPLI) can be used to pass on assets, from stocks to yachts to heirs, without incurring estate tax. In order to benefit from this type of trust, a life insurance policy is created offshore that is then owned by the trust. The assets are treated as premiums, and if structured correctly, the benefit and assets in the policy are given, free of estate tax.
This is a trust that’s only relevant to the super wealthy, given the fact that it often requires $5 million in upfront premiums. Additionally, this particular type of trust requires a significant team of professionals to structure, including trust and estate attorneys, asset managers, and tax advisors.
7. Transferring Depressed Assets During a Market Slump
For high net worth individuals, a market slump has a significant perk. This is an optimal time to create new trusts, as people can transfer depressed assets, be that stocks or cryptocurrency, at a lower tax basis.
Grantor-retained annuity trusts (GRAT’s) can offer enormous tax savings for the super wealthy during recessions. These trusts pay a fixed annuity during the trust term, which is usually two years, and any appreciation of the assets is not subject to estate tax.
8. Putting Assets in Trusts for a Spouse
The wealthy can save on their taxes by setting aside their wealth in trusts before the Trump tax cuts expire in 2025. For individuals who aren’t ready to set their wealth aside for their children, though, there is a workaround that allows the wealthy to save big on taxes while preserving their money.
Spousal lifetime-access trusts (SLAT) allow married taxpayers to stash their fortunes in trusts that pay distributions to spouses, rather than giving assets to their children. The beneficiary spouse can use the cash flow to fund their lifestyle, and after the spouse dies, the trust passes on to new beneficiaries – typically the couple’s children.
9. Using Trusts that Pay Cash to Spouses, but Keep Assets for Children
This particular type of trust is generally reserved for wealthy individuals on their second, or more, marriage. Marrying someone new while balancing the needs of children from a previous relationship is a tricky proposal for the super wealthy, making this type of trust necessary.
Qualified terminable interest property trusts (QTIP’s) allow married taxpayers to put their fortunes in trusts that pay distributions – such a stock dividends – to their spouses. However, the assets that are generating the income, are untouched. When the beneficiary spouse dies, everything in the trust is transferred to new beneficiaries, who are typically the adult children of the original grantor.
10. Transferring Business Assets to Family-Limited Partnerships…at a Discount
Family limited partnerships are a type of trust that have been famously used by individuals such as Sam Walton, the founder of Wal-Mart.This allowed Walton to protect his children and wife from paying any estate taxes on the multibillion family fortune.
FLP’s allow an individual to pool their business assets, commonly real estate or stocks. The individual can name their children as limited partners and give them interest in the partnership, and then the children are paid distributions from the trust while having no control over the actual assets. Additionally, owners of FLP’s can claim a discount on the assets and use even less of their estate-tax exemption.
