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A beneficiary can neither make a gift to a trust held for his/her benefit nor to a trust of which he/she is Trustee. WHAT ARE THE BENEFITS OF RECEIVING GIFTS THROUGH A TRUST? These are the most important reasons: The trust property will be protected from the claims of creditors of the beneficiary.
Transfer Taxes The good news regarding trusts and taxation is that gifts and inheritances are not considered income for income tax purposes. This means that gifts to trusts and distributions of principal from trusts to beneficiaries are not subject to income tax.
A gift in trust is a special legal and fiduciary arrangement that allows for an indirect bequest of assets to a beneficiary. The purpose of a gift in trust is to avoid the tax on gifts that exceed the annual gift tax exclusion limit. This type of trust is commonly used to transfer wealth to the next generation.
The tax applies whether or not the donor intends the transfer to be a gift. The gift tax applies to the transfer by gift of any type of property. You make a gift if you give property (including money), or the use of or income from property, without expecting to receive something of at least equal value in return.
Deeds of gift are exempt from recordation taxes under Va. Code 58.1-811(D). The deed must state on its face that the transfer is exempt from the tax. Virginia does not levy a state gift tax, but the grantor must pay the Federal Gift Tax.
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If the property is bought and is gifted immediately to the children there should be no gain to tax, provided there is no increase in value between the dates of purchase and gift. Where the property gifted was the donor's main home, Principal Private Residence relief (PPR) may exempt some or all of the gains from CGT.
Transfers to an irrevocable trust are generally subject to gift tax. This means that even though assets transferred to an irrevocable trust will not be subject to estate tax, they will generally be subject to gift tax.
In Virginia, transfer taxes are $3.50 per $1,000 of home sale price. This is usually split as $1 per $1,000 for the seller and $2.50 per $1,000 for the buyer. On a $300,000 home, that comes out to $1,050 total \u2014 $300 for the seller and $750 for the buyer.
With respect to a gift to a trust, the IRS will generally not contest that the gift is a valid gift of a present interest in property where the trust instrument gives the beneficiaries of the trust the power to demand immediate possession and enjoyment of principal or income of the trust.
With respect to a gift to a trust, the IRS will generally not contest that the gift is a valid gift of a present interest in property where the trust instrument gives the beneficiaries of the trust the power to demand immediate possession and enjoyment of principal or income of the trust.

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