A living trust is a legal document that allows an individual, known as the grantor or settlor, to transfer ownership of their assets into the trust while they are still alive. The grantor can serve as the trustee and retain control over the assets during their lifetime. Upon the grantor’s death, the trust assets are transferred to the beneficiaries named in the trust. The most important feature of this trust is that it negates the beneficiaries from observing the probate period.

But how, exactly, is it taxed? Read on to find out more.

What Is the Purpose of a Living Trust?

A living trust is created during the grantor’s lifetime and can be changed or revoked at any time. The primary purpose of a living trust is to avoid the probate process, which can be lengthy, expensive, and public. By transferring assets into a living trust, the assets can be distributed to the beneficiaries without going through probate.

What Are the Advantages of Not Going Through Probate?

There are several advantages to not going through probate, including the following:

Time and Cost Savings

Probate can be a lengthy and costly process, and avoiding it can save time and money.


Probate is a public process, which means that anyone can access the court records and learn about the deceased person’s assets and liabilities. By avoiding probate, you can keep your financial affairs private.

Avoiding Challenges to the Will

Probate provides an opportunity for heirs or other interested parties to challenge the validity of a will. By avoiding probate, you can minimize the risk of a challenge to the will.

Immediate Access to Assets

Assets held in a living trust or joint tenancy pass directly to the beneficiaries without the need for probate, allowing them to be accessed immediately.

Flexibility and Control

By setting up a living trust or other estate planning strategies, you can maintain more control over your assets and ensure they are distributed according to your wishes, rather than being subject to the default rules of probate.

What Are the Types of Living Trusts?

There are two main types of living trusts: revocable and irrevocable. A revocable living trust allows the grantor to make changes or revoke the trust at any time. An irrevocable living trust cannot be changed or revoked once it is created.

How Are Living Trusts Taxed?

There are three types of taxes that may apply to a living trust: income tax, estate tax, and gift tax. Let’s look at these in more detail.

Taxation of Income Generated by a Living Trust

A living trust is a pass-through entity for tax purposes, which means that the grantor’s income is reported on their personal tax return. If the trust generates income, it is distributed to the beneficiaries and reported on their personal tax returns.

Estate and Gift Tax Implications of a Living Trust

A living trust can help to reduce estate taxes by removing assets from the grantor’s taxable estate. However, if the grantor retains control over the trust assets, the assets may still be included in their taxable estate. Gifts made to the trust are subject to gift tax rules.

Taxation of the Beneficiaries of a Living Trust

Beneficiaries of a living trust may be subject to income tax on distributions received from the trust. The tax treatment of trust distributions depends on the type of income generated by the trust.

How Is a Living Trust Funded with Assets?

To avoid probate, assets must be transferred into the trust. This can be done by changing the ownership of the assets to the trust, such as by retitling bank accounts or real estate.

Funding a living trust does not have immediate tax consequences for the grantor, as the grantor retains control over the assets during their lifetime. However, there may be tax implications for beneficiaries who receive distributions from the trust.

What Is the Impact of Funding a Living Trust on Estate Taxes?

Funding a living trust can help to reduce estate taxes by removing assets from the grantor’s taxable estate.

What Are Some Special Circumstances Associated with Living Trusts?

In the event that the Grantor of a trust becomes mentally incapacitated, the successor trustee, as specified in the trust documents, may opt to acquire an Employer Identification Number (EIN) for the trust. This unique number is used to identify the trust and may be obtained to limit the successor trustee’s liability for the trust’s income tax or to help them fulfill their fiduciary duties. In case an EIN is acquired, a separate tax return for the trust will be mandatory each year, using Form 1041, and the tax filing deadline will be the same as that for personal taxes.

Understanding Tax Laws Applicable to Living Trusts

When creating and managing a living trust, it is essential to have a thorough understanding of the tax laws and regulations that apply to the trust. This includes understanding the tax implications of the trust’s income, assets, and beneficiaries.

Working with a tax professional can be an effective way to ensure that individuals fully understand the tax laws and regulations related to their living trust. A tax professional can provide guidance on how to structure the trust to minimize tax liability and ensure compliance with all applicable laws and regulations. With their expertise, a tax professional can help individuals develop a comprehensive tax plan that ensures the long-term success of their living trust.

If you’re considering creating a living trust or already have one and want to ensure that you’re managing it in a tax-efficient way, don’t hesitate to reach out to Exact Tax Inc. for help. Our team of experienced tax professionals can provide guidance on tax planning strategies, help you understand the tax implications of your living trust, and develop a comprehensive tax plan that minimizes your tax liability. For further information, write to us today.