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Level 1
posted Feb 21, 2021 1:29:43 PM

Do I owe taxes on a QTIP trust final remainder distributions after the surviving spouse dies ?

And we're not talking about millions of dollars here, it's more like a few hundred thousand

0 3 1307
3 Replies
Level 12
Feb 21, 2021 2:28:38 PM
Level 2
Sep 26, 2021 1:45:21 PM

The question is when property is passed on to a Marital trust on the death of one of the original grantors, is the tax basis of the property updated to the current market value of the property, or is still the original tax basis that the decedent grantor had for the property? Note The Marital trust is an irrevocable Trust, but QTIP property is supposed to be an exception ( that's what my attorney says but I cant find a confirmation of his statemet)

Level 12
Sep 26, 2021 5:29:02 PM

Yeah, there is a step up because the QTIP assets are included in the estate of the surviving spouse.