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Can a trust save taxes? Revocable and irrevocable trusts, foreign trusts and the 2026 estate tax explained

Short answer

A revocable living trust avoids probate but doesn't cut income or estate tax. An irrevocable trust can move assets out of your estate, but a nongrantor trust reaches the 37% bracket at just $16,000 of income in 2026. With a $15 million per-person estate and gift exemption, most families use trusts for control, protection and cross-border planning rather than to avoid estate tax.

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$15,000,000
2026 lifetime estate and gift exemption per person (the GST exemption matches), set by the One, Big, Beautiful Bill and indexed from 2027; $30 million for a married couple
$16,000
2026 taxable income at which a nongrantor trust hits the top 37% federal rate and the 3.8% net investment income tax starts. A single individual doesn't reach 37% until $640,600
$19,000
2026 gift tax annual exclusion per recipient; $194,000 for gifts to a spouse who isn't a U.S. citizen
$60,000
Estate tax exemption for a nonresident alien's U.S. assets (U.S. real estate, U.S. stocks and so on); the excess is taxed at up to 40%
01

At a glance

  • A revocable trust saves no tax: A revocable living trust is about avoiding probate, easier management and privacy. You're still the owner for tax purposes, the income stays on your 1040, and the assets stay in your estate.
  • Tax results depend on "irrevocable" and "grantor": A grantor trust's income is taxed to the person who set it up. A nongrantor trust files its own Form 1041, reaches 37% above $16,000 in 2026, and shifts tax to beneficiaries on what it distributes.
  • The 2026 estate tax bar is high: $15 million per person, unlimited transfers between U.S. citizen spouses, and portability of any unused exemption. Most families won't owe federal estate tax, so trusts are more about protection, caring for children and cross-border planning. Non-citizen spouses and nonresident aliens are the exception, with far lower thresholds.
  • Trusts from parents in China need sorting out first: A foreign grantor trust, a foreign nongrantor trust and a U.S. domestic trust are taxed and reported very differently. U.S. children who receive distributions file Form 3520, and accumulated income from a foreign nongrantor trust brings throwback tax plus interest.
  • Who does what: An estate planning attorney drafts the trust documents. YCL does the tax analysis, prepares Forms 1041, 3520, 3520-A and the state returns, and works with the attorney.
02

Can a trust save me taxes? What's the difference between revocable and irrevocable?

You can change or revoke a revocable trust at any time, so tax law treats it as you: income tax and estate tax don't change, and the main benefit is avoiding probate. Assets in an irrevocable trust generally no longer belong to you, which is what can move them, and their future growth, out of your estate. The trade-off is that you give up control.

When clients ask whether a trust will save them tax, we start by separating the two:

  • Revocable living trust: You usually serve as trustee and use the assets as before. At death, a successor trustee distributes them under the trust's terms without going through probate. In North Carolina, probate runs through the county clerk of superior court, takes time and is public, and real estate in other states can mean a separate proceeding in each one. A living trust avoids that.
  • How a revocable trust is taxed: It generally uses your Social Security number, its income goes on your 1040, and no separate Form 1041 is filed. At death, the assets are in your estate, and heirs generally get a basis step-up to fair market value.
  • Irrevocable trust: Moving assets in is generally a gift, using your annual exclusion or lifetime exemption (reported on Form 709). Later growth stays out of your estate, but you can't simply take the assets back.
  • An irrevocable trust can still be a grantor trust: Tax law looks at the powers you keep, not the label. An irrevocable trust can be deliberately designed so that you still pay its income tax, as the next section explains.
03

Grantor vs. nongrantor trusts: who pays the income tax?

A grantor trust's income goes on the grantor's own return and the trust itself pays no income tax. A nongrantor trust is a separate taxpayer that files Form 1041: income it keeps is taxed at trust rates, and income it distributes is taxed to the beneficiaries. Trust brackets are extremely compressed; in 2026, taxable income above $16,000 is taxed at 37%.

  • How to tell: If the grantor or spouse keeps powers such as revoking, changing beneficiaries, borrowing or swapping assets, IRC §§671–679 can make it a grantor trust. A revocable trust is always a grantor trust.
  • Reporting a grantor trust: Income and deductions go on the grantor's 1040, and the trust generally doesn't pay its own tax. An intentionally defective grantor trust (IDGT) uses this on purpose: the grantor pays the trust's income tax, which is effectively an extra transfer to the children each year that isn't a gift.
  • Reporting a nongrantor trust: A Form 1041 every year if gross income is $600 or more (or there's any taxable income), due April 15 for a calendar-year trust with a 5½-month extension available. Income distributed to beneficiaries, up to distributable net income (DNI), is deducted by the trust and reported by the beneficiaries from their Schedule K-1 (see our guide at yclcpa.com/k1).
  • The 65-day rule: A nongrantor trust can elect to treat distributions made in the first 65 days after year-end as made in the prior year, which helps balance tax between the trust and its beneficiaries.
  • 3.8% net investment income tax: Undistributed investment income of a nongrantor trust is subject to 3.8% on adjusted gross income above the start of the top bracket ($16,000 in 2026). For a single individual the threshold is $200,000.
2026 taxable income of a trust or estateFederal income tax
Up to $3,30010%
$3,300–$11,700$330 plus 24% of the amount over $3,300
$11,700–$16,000$2,346 plus 35% of the amount over $11,700
Over $16,000$3,851 plus 37% of the amount over $16,000
Long-term capital gains and qualified dividends0% up to $3,300; 15% from $3,300 to $16,250; 20% above $16,250

Example (hypothetical numbers, to show the method): A nongrantor trust earns $50,000 of interest in 2026. After the $100 exemption, taxable income is $49,900.

  • All kept in the trust: Federal income tax is $3,851 + ($49,900 − $16,000) × 37% ≈ $16,400. Add NIIT of ($50,000 − $16,000) × 3.8% ≈ $1,290, for about $17,700 in total.
  • All distributed to a 25-year-old child with no other income: The trust deducts the distribution and owes essentially nothing. The child reports $50,000 of interest; after the 2026 single standard deduction of $16,100, taxable income is $33,900 and federal income tax is about $3,820.
  • Keep in mind: Investment income of children under 19, or full-time students under 24, may fall under the kiddie tax at the parents' rates. And once distributed, the money belongs to the child, so distributions have to fit the trust's purpose.
04

The 2026 estate and gift tax: with a $15 million exemption, do I still need a trust?

The One, Big, Beautiful Bill, signed in July 2025, set the lifetime estate and gift exemption at $15 million per person for 2026, indexed after that, with no sunset date. Transfers between U.S. citizen spouses are unlimited, and portability lets a surviving spouse use the unused exemption. Most families won't owe federal estate tax, but the rules change completely when a spouse isn't a U.S. citizen or the owner is a nonresident alien.

  • Lifetime exemption: $15 million per person in 2026, shared between gifts and estate; the generation-skipping transfer (GST) exemption is also $15 million. The top rate above it is 40%. The law has no expiration date, though Congress can always change it.
  • Annual exclusion: $19,000 per recipient in 2026 with no Form 709 needed; married couples can elect gift splitting for $38,000 per recipient. Gifts above that go on Form 709 and use lifetime exemption, usually without tax due. Tuition paid directly to a school and medical bills paid directly to a provider don't count.
  • Portability: The unused exemption of the first spouse to die (DSUE) can pass to the survivor, but only if a timely Form 706 makes the election. If no 706 was otherwise required, the election can generally be made up to 5 years after death (Rev. Proc. 2022-32). Many families miss this step.
  • Gifts to a non-citizen spouse: There's no unlimited marital deduction; only $194,000 a year is excluded in 2026, and the rest uses lifetime exemption.
  • A non-citizen surviving spouse and the QDOT: When a U.S. citizen or resident dies leaving property to a spouse who isn't a citizen, the marital deduction requires a qualified domestic trust (QDOT). Estate tax is deferred until principal is distributed or the surviving spouse dies. A QDOT needs at least one trustee who is a U.S. citizen or a U.S. corporation, and the election is made on Form 706. Special rules apply if the spouse becomes a citizen before the 706 is filed.
  • Nonresident aliens: Parents in China without a green card owe U.S. estate tax only on U.S.-situs assets such as U.S. real estate and shares of U.S. companies, but the exemption is only $60,000 and the excess is taxed at up to 40%. There's no U.S.–China estate tax treaty. Parents who hold a U.S. home or brokerage account directly often overlook this.
05

Which trusts come up most? ILITs, SLATs, IDGTs, dynasty trusts and charitable trusts

These are different designs of irrevocable trust, used to move insurance, assets or growth out of an estate, or to combine charity with income. An attorney designs and drafts them; we look at the gift tax, income tax and filings for each, and whether it actually pays off for your family.

TrustIn plain termsWhat it does for taxesWatch out for
Irrevocable life insurance trust (ILIT)The trust buys and owns the policy and is its beneficiaryDeath benefit stays out of the insured's estatePremiums funded with annual exclusion gifts; transferring an existing policy and dying within 3 years pulls it back in
Spousal lifetime access trust (SLAT)One spouse funds a trust for the other spouse and the childrenUses the donor's exemption and moves growth out of both estatesIndirect access ends on divorce or the spouse's death; reciprocal SLATs can be collapsed
Intentionally defective grantor trust (IDGT)Outside your estate for estate tax, still yours for income taxYou pay the trust's income tax and the growth goes to the children; assets can be sold to the trustCash flow to cover the tax; sales must be at fair value and IRS rates
Dynasty trustHolds assets for several generationsUses GST exemption so later generations avoid estate taxChoose a state that allows long-lasting trusts; GST reporting must be accurate
Charitable remainder trust (CRT)Income to you or family for a period, the rest to charityPartial charitable deduction up front; selling appreciated assets inside the trust isn't taxed immediatelyIrrevocable; distributions taxed in a set order
Charitable lead trust (CLT)Income to charity for a period, the rest to familyCan reduce the gift or estate value of what passes to familyResults swing with interest rates
06

Parents in China funding a trust for U.S. children: how are foreign trusts reported?

First decide whether it's a foreign trust or a U.S. trust, then whether it's a grantor trust. In a foreign grantor trust set up by parents in China (non-U.S. persons), the income belongs to the parents, and distributions to U.S. children are generally treated as gifts from the parents, but the children still file Form 3520. After the parents die, it usually becomes a foreign nongrantor trust, and distributions of income accumulated in earlier years are taxed under the throwback rules with an interest charge. A foreign trust with a U.S. grantor also files Form 3520-A.

  • Foreign or domestic: A trust is a U.S. domestic trust only if a U.S. court can exercise primary supervision and U.S. persons control all substantial decisions. If a parent in China is trustee or protector, or can veto distributions or replace the trustee, the trust is usually foreign.
  • When a foreign person is the grantor: IRC §672(f) is narrow. Generally there are two cases: the parent can take the assets back (revocable), or during the parent's lifetime distributions can go only to the parent and spouse. Other designs are usually foreign nongrantor trusts, even though the parents put in the money.
  • Distributions from a foreign grantor trust to U.S. children: For income tax, they're treated as coming directly from the parents, so they're generally gifts with no income tax. The child reports them in Part III of Form 3520 and attaches the Foreign Grantor Trust Beneficiary Statement from the trust.
  • Throwback tax on foreign nongrantor trusts: Current-year income distributed that year is taxed normally. Distributions of income accumulated in earlier years (accumulation distributions) are taxed as ordinary income, losing capital gain rates, plus an interest charge that can bring the total close to the distribution itself. Planning for what happens after the parents die usually has to start before.
  • A U.S. domestic trust: Designed as a U.S. trust with a U.S. trustee, it generally avoids throwback issues and files Form 1041 like any U.S. trust. When parents wire money into it from abroad, the trust, as a U.S. person, generally files Form 3520 too if gifts from foreign persons exceed $100,000.
  • Heavy penalties: Failing to report a foreign trust distribution costs the greater of $10,000 or 35% of the distribution; failing to report a foreign gift costs 5% per month up to 25%; a missing Form 3520-A costs the greater of $10,000 or 5% of the trust assets.
  • Due dates: Form 3520 is due with your individual return (generally April 15, extendable to October 15). Form 3520-A is due the 15th day of the 3rd month after the trust's year-end (generally March 15).

For the thresholds and how to fill out Form 3520 for gifts from foreign persons, see our guide at yclcpa.com/gift.

Figure 1 A trust funded by parents in China for U.S. children: which kind is it, and what gets filed? (2026)

Description: First check whether it's a U.S. trust, then whether it's a grantor trust; the right column shows what the U.S. children and the trust file.

SituationTrust typeWho pays income taxWhat gets filed in the U.S.
A U.S. court supervises and U.S. persons control all substantial decisionsU.S. domestic trust (usually nongrantor)The trust on what it keeps; the children on what's distributedTrust files Form 1041 and state returns, children get K-1s; Form 3520 for gifts from foreign persons over $100,000
Foreign trust; the parent can revoke, or only the parents receive distributions during their lifetimeForeign grantor trust (foreign grantor)The parents (under nonresident rules; U.S.-source income is taxed in the U.S.)Children report distributions in Part III of Form 3520, generally as gifts
Foreign trust that doesn't meet the row above, or the parents have diedForeign nongrantor trustThe trust; U.S. children pay on current-year income distributed to themChildren file Form 3520 Part III; accumulated income brings throwback tax and interest
A U.S. person (for example, a child who has immigrated) puts assets into a foreign trustForeign grantor trust (U.S. grantor)The U.S. grantorGrantor files Form 3520; the trust files Form 3520-A (March 15)
07

How does North Carolina tax trusts?

North Carolina has no estate or inheritance tax. Trust income tax is filed on Form D-407 when the trust has North Carolina-source income or income for the benefit of a North Carolina resident, at 3.99% for 2026. A trust that's entirely a grantor trust doesn't file a separate North Carolina trust return. The 2019 Kaestner decision limits North Carolina from taxing undistributed trust income based only on a beneficiary living in the state.

  • Who files D-407: A trust that files a federal 1041 and has North Carolina-source income or income for the benefit of a North Carolina resident beneficiary. Calendar-year returns are due April 15.
  • Nonresident beneficiaries: Interest, dividends, gains and other intangible income for the benefit of out-of-state beneficiaries generally isn't taxed by North Carolina. Residence is tested on the last day of the trust's tax year.
  • Kaestner: If a beneficiary lives in North Carolina but has no right to demand distributions and may never receive them, the state can't tax undistributed income on that basis alone. It still can when the trustee is in the state, the trust is administered there, or income is actually distributed to a resident.
  • Beneficiaries' state tax: North Carolina resident beneficiaries report distributions on their own D-400 at 3.99%, with credit for tax the trust paid to other states under the rules.
  • Choosing a state: Trustee location and administration affect state tax. States with no income tax, such as South Dakota and Nevada, come up often, but a North Carolina beneficiary or trustee still calls for a careful look.
08

When isn't a trust worth it?

If your assets are modest, your family is straightforward, you have no out-of-state real estate and no cross-border issues, a will plus up-to-date beneficiary designations is often enough. An irrevocable trust set up just to save tax can cost more in lost control, annual returns and trustee administration than it saves.

  • Estate tax alone: Below the $15 million per-person exemption, most families owe no federal estate tax, and North Carolina has none.
  • Retirement accounts and life insurance: 401(k)s, IRAs and life insurance pass by beneficiary designation without a living trust. Naming a trust as beneficiary needs careful drafting under the retirement account rules.
  • Income kept in a nongrantor trust: 37% starts at $16,000, so keeping money in the trust is much costlier than distributing it.
  • Ongoing costs: Count the annual 1041, K-1s, state returns, trustee fees and bookkeeping.
  • A trust that's never funded: If the house and accounts never get retitled into the living trust, it doesn't do its job and probate still happens.
09

What does the attorney do, and what do we do?

The estate planning attorney picks the trust structure, drafts the documents, retitles assets and handles probate if needed. YCL handles the tax side: comparing income, gift and estate tax across options, preparing Forms 709, 1041, K-1, 3520, 3520-A and North Carolina returns, and working with the attorney, trustee and financial advisor.

Figure 2 Setting up and running a trust: who does what

Description: Left to right in time order, with who handles each step and what comes out of it.

StageEstate planning attorneyYCL (CPA)Output
1. PlanningLearns the family's goals and recommends trust typesModels estate, gift and income tax; compares grantor and nongrantor designs; for cross-border families, foreign vs. U.S. trustOptions with tax comparison
2. Drafting and signingDrafts the trust, wills and powers of attorneyReviews tax provisions (grantor powers, distribution terms, trustee location)Signed trust documents
3. FundingRetitles real estate and accountsGets an EIN for a nongrantor trust; prepares Form 709EIN letter, Form 709
4. Each yearAnswers legal questionsBookkeeping, Form 1041, K-1s and D-407; Forms 3520 / 3520-A for foreign trusts; year-end and 65-day distribution planningReturns and K-1s
5. After deathAdministers the estate and handles probate if neededFinal individual return, estate income tax return (Form 1041), Form 706 including portability and QDOT electionsForm 706, Form 1041
10

Key rules at a glance

ItemWho / which formNumber / ruleNotesApplies to
Estate and gift exemptionU.S. citizens and residents · Forms 706 / 709$15,000,000Per person; indexed from 2027; top rate 40% above it2026 (One, Big, Beautiful Bill §70106)
GST exemptionForms 706 / 709$15,000,000Same as the lifetime exemption2026
Gift tax annual exclusionPer recipient$19,000$38,000 with gift splitting2026 (Rev. Proc. 2025-32)
Annual exclusion for a non-citizen spouseForm 709$194,000No unlimited marital deduction2026 (Rev. Proc. 2025-32)
Nonresident alien estate exemptionU.S.-situs assets · Form 706-NA$60,000U.S. real estate, U.S. company stock and similar; up to 40% above itCurrent
PortabilityForm 706Within 5 years of deathLate election when no 706 was otherwise requiredRev. Proc. 2022-32
QDOTNon-citizen surviving spouseAt least 1 U.S. trusteeMarital deduction deferred; estate tax on principal distributions and at the spouse's deathCurrent (IRC §2056A)
Top trust bracketNongrantor trusts · Form 1041$16,00037% above it; 10% / 24% / 35% breaks at $3,300 / $11,7002026 (Rev. Proc. 2025-32)
Trust capital gain 0% / 15% limitsForm 1041$3,300 / $16,25020% above $16,2502026
Net investment income taxNongrantor trusts3.8%On the lesser of undistributed NII or AGI above $16,0002026
Form 1041 filingNongrantor trusts and estatesGross income of $600+Due April 15 for calendar years; 5½-month extensionCurrent
Form 3520Foreign trust distributions; foreign gifts over $100,00035% / 5% a monthUnreported distributions: greater of 35% or $10,000; unreported gifts: 5% a month up to 25%Instructions (December 2025)
Form 3520-AForeign trusts with a U.S. ownerMarch 15Penalty: greater of 5% of trust assets or $10,000Current
North Carolina trust income taxForm D-4073.99%NC-source income or income for NC resident beneficiaries; wholly grantor trusts don't file2026
North Carolina estate tax—NoneRepealed from 2013Current
11

Common mistakes

!

"A living trust will save estate tax."

A revocable trust is you for tax purposes, so income tax and estate tax don't change. What it does is avoid probate and make management easier.

!

"Money inside a trust isn't taxed."

A nongrantor trust reaches 37% above $16,000 in 2026, plus 3.8%, well above most individuals' rates. Distributions need planning every year.

!

"If my parents in China fund a trust for my kids, nothing gets reported here."

U.S. children who receive foreign trust distributions file Form 3520, with a 35% penalty for missing it, and accumulated income from a foreign nongrantor trust brings throwback tax and interest.

!

"Once the trust is signed, we're done."

Assets have to be retitled into the trust, a nongrantor trust needs an EIN and an annual 1041 and state return, and the grantor's death may call for a Form 706 portability election.

12

What should I do in my situation?

Start with your goal (avoiding probate, caring for children, protecting assets, reducing estate tax), each family member's status (U.S. citizen, green card holder, nonresident alien) and where the assets are. Then decide whether you need a trust and which kind.

  • Situation A: a U.S. citizen or green card family with a few million in assets and property in North Carolina and another state. Usually a revocable living trust plus a will, mainly to avoid probate; federal estate tax is unlikely. Remember to fund the trust.
  • Situation B: assets near or above $15 million ($30 million for a couple). Consider SLATs, IDGTs or dynasty trusts to use the exemption and move growth out; we model income and gift tax while the attorney drafts.
  • Situation C: a spouse who isn't a U.S. citizen. Only $194,000 a year passes gift-tax-free, and a QDOT comes into play at death. Plan around whether the spouse will naturalize or stay in the U.S.
  • Situation D: parents in China who want to provide for children in the U.S. Decide between a foreign and a U.S. trust and who serves as trustee. With a foreign grantor trust, plan ahead for throwback tax after the parents die. If the parents hold a U.S. home or stocks directly, look at the $60,000 estate tax exemption.
  • Situation E: an existing foreign trust already making distributions. Confirm the trust type, file any missed Forms 3520, then file on time each year and get the beneficiary statement from the trustee.
Why YCL

Your attorney designs the trust; we get the tax and the filings right

The usual trust problems aren't bad documents but unexamined tax: expecting a revocable trust to save tax, leaving income in a nongrantor trust at 37%, missing Form 3520 on foreign trust distributions, or finding throwback tax after the parents die. We've done U.S.–China cross-border tax work for 10 years and know the filings for foreign trusts, foreign gifts and U.S. trusts, so we can work with your estate planning attorney from the start. The attorney drafts the trust; we don't give legal advice.

  • Big Four background, 15+ years in U.S. tax, 10 years of U.S.–China cross-border work, credentialed as CPA, EA and CAA
  • Numbers before you sign: estate, gift and income tax, comparing grantor and nongrantor designs
  • Annual Form 1041, K-1s and North Carolina D-407, with distribution and 65-day planning
  • Cross-border families: foreign vs. U.S. trust analysis, Forms 3520, 3520-A, 709 and 706, and catch-up filings for missed years

How it works

  1. 1

    Free assessment

    A 15-minute call about your family's status, assets and goals, to see whether a trust fits.

  2. 2

    Model the options

    With your attorney, we compare the tax cost of different designs; for cross-border families, we pin down the trust's tax classification first.

  3. 3

    Set it up

    The attorney drafts and retitles; we get the EIN, prepare any gift tax return and map out the annual filings.

  4. 4

    File every year

    Bookkeeping, Form 1041, K-1s, state returns and foreign trust forms; at the grantor's death, Form 706 and the estate's income tax return.

13

FAQ

Does a revocable living trust lower my taxes?

No. A revocable trust is you for tax purposes: its income stays on your 1040 and its assets stay in your estate. Its benefits are avoiding probate, easier management and privacy, which matter most when you own real estate in more than one state.

What is the 2026 estate tax exemption?

$15 million per person, shared by gifts and estate, with the same GST exemption, indexed from 2027 and taxed at up to 40% above it. Transfers between U.S. citizen spouses are unlimited; gifts to a non-citizen spouse are excluded only up to $194,000 a year; nonresident aliens get just $60,000 on U.S. assets.

What tax rates do trusts pay?

A nongrantor trust pays 10% on the first $3,300 of 2026 taxable income and 37% above $16,000, where the 3.8% net investment income tax also starts. Income distributed to beneficiaries is taxed at their own rates, which is why trusts usually plan distributions each year.

Is a distribution from my parents' foreign trust taxable to me in the U.S.?

It depends on the trust type. Distributions from a foreign grantor trust are generally treated as gifts from the parents with no income tax, but you still file Form 3520. Current income from a foreign nongrantor trust is taxable, and accumulated income brings throwback tax and interest. Missing the report costs the greater of 35% or $10,000.

Can YCL set up a trust for me?

YCL CPA (yclcpa.com) is a CPA firm, so an estate planning attorney drafts the trust. We handle the tax side: modeling income, estate and gift tax across options, getting the EIN, and preparing Forms 709, 1041, K-1, 3520, 3520-A, 706 and North Carolina D-407, working with your attorney and trustee. Outcomes depend on your facts and the tax agencies, and we don't guarantee results. Book a free 15-minute call to start.

Sources

  • IRS: Rev. Proc. 2025-32 (2026 inflation adjustments: trust rate table, capital gain breakpoints, annual exclusions in section 4.42; released October 9, 2025)
  • One, Big, Beautiful Bill (P.L. 119-21, signed July 4, 2025), §70106: estate, gift and GST exemption
  • IRS: Instructions for Form 1041 and Schedules A, B, G, J and K-1; Instructions for Form 8960 (NIIT)
  • IRS: Instructions for Form 3520 (December 2025); Instructions for Form 3520-A
  • IRS: Instructions for Forms 706, 706-NA and 709; Rev. Proc. 2022-32 (late portability elections)
  • Internal Revenue Code §§671–679 (grantor trusts), §§665–668 (accumulation distributions), §§2056(d) and 2056A (QDOT), §2102; Treas. Reg. §301.7701-7 (domestic vs. foreign trusts)
  • NCDOR: Form D-407 instructions (including the Kaestner discussion); individual income tax rate schedules (3.99% for 2026)
  • U.S. Supreme Court: North Carolina Department of Revenue v. Kimberley Rice Kaestner 1992 Family Trust (June 21, 2019)

Wondering whether a trust makes sense for your family?

Book a free 15-minute call. A CPA will look at your family's status, assets and goals, lay out the tax consequences of a trust, and work out a plan with your attorney, with no fee and no sales pitch.

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