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An example of estate tax with a QPRT

Jim and Martha, 60 and 58 years of age, set up a QPRT for their $1 million home. Their son is the trustee and their son and daughter are the beneficiaries. The home is transferred to Jim Junior, trustee of the Jim & Martha Qualified Personal Residence Trust UDA 5/1/2004*, and Jim & Martha retain a right to live in the home for 20 years. The value of the gift is only $182,000 after deducting the life estate they have retained. They now file a gift tax return in this amount. No tax is due since this gift is well within their estate tax exemption.

Had they not set up the QPRT, in 20 years the home would be worth $2,653,000 (at an annual appreciation rate of 5%), bearing an estate gift tax of $1,326,500 at a 50% tax rate (and assuming Jim and Martha have utilized their exemption). Instead, Jim & Martha do outlive the trust term and the property goes to the children without any estate tax.

* UDA 5/1/2004 means "under the date of" and refers to the date that the QPRT is established.