
Annuities May
Provide Trusts with Numerous Tax-planning
and Wealth-transfer Benefits |
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Based on the writings of Shane M.
Reniker, CFP®, CFS®, MBA
The information contained here is the views and opinions of the author and not necessarily those of Pacific Group Advisors or Global financial Private Capital. |
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Trustees face
challenges today from volatile markets and correlated asset classes, and
continue to be tasked with driving growth, preserving capital, and
controlling taxes and expenses. Trusts can benefit from the same features
that individuals find in annuities: tax deferral, income control, and
diversified investment options.
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Why use
annuities in trusts?
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In this issue
of The Edge:
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Phase 1:
Accumulation
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Phase 2:
Distribution
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Phase 3: Post
Death Planning
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Phase 1:
Accumulation
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1.
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Tax Deferral: In some cases, current investment
income can be the last thing an income beneficiary desires or needs. Income
retained in the trust is subject to comparatively higher trust income tax
rates. Income can be passed to beneficiaries to lessen the trust tax effect,
but this may be undesirable as well. Distributions reduce the size of the
trust and can impose an added (and perhaps unwanted) income tax burden on the
income beneficiary. For irrevocable trusts, passing income to the income
beneficiary also moves funds that are outside of an estate, and free from
estate tax, back in to a potentially taxable estate.
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Trusts are
subject to more compressed tax brackets than individuals (see below). The
threshold to eclipse the top trust tax rate of 43.4% (39.6% + 3.8%)1
is only $11,950 of income.2 For example, a $1 million trust would
only need to generate 1.2% ($12,000) in retained earnings to be subject to
the top trust tax rate.
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2.
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Income
Control: An annuity
can also provide the trustee with control over the recognition of income.
Many trust-owned annuities are eligible for tax deferral under IRC section
72(u). With a tax-deferred Jackson® annuity, a trustee can request
a distribution when income is needed and otherwise avoid recognizing income
from the annuity if it is not needed.3
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3.
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Simplified
Management and Reporting: When a trust is initially funded, the asset allocation
is typically based on the terms of the trust, the long-term objectives of the
trust, and the current economic environment. Over time, however, the
allocation of the trust assets may need to be changed or modified. For many
investment vehicles, a reallocation of assets may result in additional
transaction costs, and the sale of one asset to buy another may trigger
capital gains taxation.
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If using a variable annuity as part of the trust investment strategy, the trustee has the
flexibility to choose from over many investment options. Because the investment
options are held within the variable annuity, the trustee can change the
asset allocation without triggering additional transaction costs or capital
gains.4
By using annuities in the accumulation, distribution, and
post-death planning phases of trust ownership, there is potential for
2-3 generations of tax deferral!
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