Tax Rates Could Influence How A Trust Is Designed

Tax Rates Could Influence How A Trust Is Designed

Louisiana residents who receive money from a trust must generally account for it on their tax return. If money held in a trust generates revenue that remains inside of it, the trust will be responsible for paying taxes on those funds. As a general rule, the tax bracket for individuals is lower than the tax bracket occupied for a trust. Trusts pay a 37% tax rate if they generate annual income exceeding $12,950.

Therefore, it can often be beneficial to distribute funds to an individual who is likely to be in a lower income tax bracket. However, the trustee is obligated to follow the trust’s instructions when determining how to allocate assets. In some cases, he or she may be compelled to keep income in a trust until a beneficiary reaches a certain age. In others, the trustee may only be able to distribute funds to pay for a child’s education or for other limited reasons.

Legal Peace Of Mind Is Just A Click Away

Call For A Consultation 225-763-2272

If a trustee ignores the trust’s instructions, it could be in violation of its fiduciary responsibility to the beneficiaries. Ultimately, the trustee could be personally liable for damages if a beneficiary or other party with standing pursues legal action. trustees are encouraged to seek the advice of legal counsel prior to making decisions about distributing trust assets.

Ideally, individuals will take tax rates into consideration when drafting estate planning documents. This may help to guide certain decisions such as when money should be distributed from a trust. It may also help guide decisions such as whether to gift or sell assets prior to passing on as that could reduce the value of an estate.

Recent Posts

Categories

Archives

Over 40 years of Experience

Accessible. Accommodating. Your Partners In The Legal Realm

We are not just your attorneys, but your partners in the legal realm. As in any partnership, we believe communication is key. We ask the right questions to learn about your situation and goals. Then we work with you to design a resolution strategy that makes the most sense for you or your business.

As your case progresses, you will find that we are easily accessible by phone, text or email. We strive to be accommodating in setting appointments around our clients’ busy schedules, even if that means early mornings or late evenings. We pride ourselves on creating a welcoming, helpful environment.

Call For A Consultation 225-763-2272

The Partnership

Begins With A Consultation

Andrew B. Ezell & Andrew K. Nicolas
Andrew B. Ezell & Andrew K. Nicolas

contact us today

Fields marked with an * are required

"*" indicates required fields

I Have Read The Disclaimer*
This field is for validation purposes and should be left unchanged.