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What is a qdot?

QDOT is an abbreviation for qualified domestic trust, which is a trust created for a surviving spouse who is a non-U.S. citizen to qualify for the marital deduction.

Is a qdot an irrevocable trust?

This is called "making a QDOT election" and is irrevocable. The return must be filed nine months after the death. The surviving spouse is entitled to receive any income earned by trust assets, and typically, all income is distributed to the survivor at least annually.

How does a qdot trust work?

If you (a U.S. citizen) place your assets and property into a QDOT trust, when you slip away, estate taxes will get deferred until your non-citizen spouse passes away. Assets in a Qualified Domestic Trust are not exempt from estate taxes. Instead, trust is simply a vehicle to defer the taxes.

Can a non US citizen elect portability?

Making a QDOT election allows a noncitizen spouse to opt for portability \u2013 with caveats. If the deceased spouse has some amount of unused exemption (practitioners use the jargon \u201cDSUE\u201d to refer to this amount), and if certain technical requirements are met, the estate can report a preliminary unused exemption amount.

Who needs a qdot trust?

QDOTs can be used when trust assets would likely be subject to the federal estate tax (married couple with taxable estate greater than $5 million), without the marital deduction otherwise being available.

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