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Reducing Estate Tax by Making Gifts
Special Gift Tax Rules for Minors
To qualify for the annual exclusion from gift tax, a gift to a minor must satisfy these conditions:
- The recipient must receive the property outright by age 21. This means that if you set up a custodianship for your child, it must end when the recipient turns 21. That said, the property and its income may of course be spent by, or for the benefit of, a recipient who isn't 21 yet. Similarly, if you create a trust for the child, the trust document must state that the property will be turned over to the recipient by his or her 21st birthday. (But you may also give the recipient the right to extend the trust.)
- If the recipient dies before age 21, the remaining property must go to the recipient's estate or to someone the recipient named -- for example, in a will. (IRC ยง 2503(c).)
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FAQs
- The law allows me to leave everything to my spouse tax free, right? How can we use that to our children's maximum advantage?
- I'm the owner of a business, and I understand that my estate would have to pay taxes on the value of the business if I don't do anythingâbut what can I do to lighten the tax load?
- What if I receive a bequest and don't want it?
- What about state death taxes?
- I'm not rich. Do I have to worry about federal estate taxes?
Probate and Estate Administration Resources
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