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Creditor Protection for Assets Subject to Presently Exercisable …
WebMay 6, 2024 · Abstract. This article explores Section 678 of the Internal Revenue Code and how and when a beneficiary is deemed to be the owner of a trust for income tax purposes (called a beneficiary deemed owner trust, or BDOT). More specifically, the article explores when and how this may be done without granting a withdrawal power over the entire ... Web$5,000 or 5% of trust assets (a so-called Ò5 or 5Ó power). Such a power does not create a general power of appointment in the trust that would result in estate inclusion, nor does … WebThat trust may contain one or more of the following provisions without subjecting the trust assets to estate and gift tax (i.e., the assets “bypass” the survivor’s estate): (1) the survivor may be entitled to all of the income earned by the trust assets; (2) if the survivor is the sole trustee, he or she may have access to trust principal, but only in accordance with a … how to remove red lines in word 2016