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Intentionally Defective Grantor Trusts: A Clever Tool for Growing Wealth Tax-Free

Writer's picture: Elizabeth DutyElizabeth Duty

Wealthy individuals have long used a variety of tools and strategies to pass on their assets to their heirs tax-free. One such tool that has gained popularity in recent years is the Intentionally Defective Grantor Trust (IDGT). This trust is an effective way for the wealthy to grow their wealth and pass it on to their heirs, while minimizing their tax liability.


An IDGT is a trust that is designed to be "defective" for tax purposes. This means that the trust is treated as a separate legal entity for income tax purposes, but not for estate tax purposes. As a result, the grantor, or the person who establishes the trust, is responsible for paying income taxes on the trust's income, but the trust's assets are not subject to estate taxes when the grantor dies.


So how do wealthy individuals use IDGTs to grow their wealth tax-free? One common strategy is for the grantor to sell assets to the trust in exchange for a promissory note. The trust then uses the income generated by the assets to pay off the note, effectively transferring the assets to the trust tax-free. The grantor continues to pay income taxes on the income generated by the assets, but the assets themselves are no longer subject to estate taxes.


One specific example of a wealthy family that has used an IDGT to grow their wealth tax-free is the Walton family, heirs to the Walmart fortune. In 2003, the family established an IDGT and sold a portion of their Walmart stock to the trust in exchange for a promissory note. The trust used the income generated by the stock to pay off the note, effectively transferring the stock to the trust tax-free. Since then, the value of the stock held in the trust has grown significantly, allowing the Walton family to pass on even more wealth to their heirs tax-free.


While IDGTs may seem like a complicated tool, they are becoming increasingly popular among the wealthy. By using this strategy, the wealthy can grow their wealth tax-free and pass it on to their heirs without having to worry about estate taxes. As always, it is important to consult with a financial advisor or estate planning attorney before implementing any tax strategies.

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