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A QPRT is typically considered a Grantor Trust for income tax purposes. Most QPRTs do not generate any income and an income tax return is not typically required. If the property generates income, a Grantor Trust Tax Return, Form 1041, may be required.
A Federal Gift Tax Return Form 709 must be filed in the year in which the gift to the QPRT is made. Based on the foregoing example, you would be required to prepare and file a Federal Gift Tax Return to report the gift, which would consume $310,380 of your estate and gift tax credit.
Q: Do trusts have a requirement to file federal income tax returns? A: Trusts must file a Form 1041, U.S. Income Tax Return for Estates and Trusts, for each taxable year where the trust has $600 in income or the trust has a non-resident alien as a beneficiary.
If you decide to sell the home and purchase another home, under IRS rules the purchase of the replacement home must occur within two years of when the original home in the QPRT was sold, or the trust will no longer qualify as a QPRT.
What are the requirements for establishing a QPRT? Generally, the personal residence must be the sole asset of the trust. You decide on a fixed term (e.g., 5, 10, 20 years) during which you retain the right to live in the home. After this term, the residence passes to the beneficiaries designated in the trust.

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A Qualified Personal Residence Trust (QPRT) is calculated based on the value of the property being transferred into the trust, the chosen length of the trust term, and specific IRS-prescribed factors that consider the grantors age and prevailing interest rates.

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