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February 2010
IRS Issues Guidance on Gift Tax Consequences of Transfers in Trust
From the Journal of Accountancy.
The IRS on Tuesday clarified for taxpayers that despite the provisions of IRC § 2511(c), the gift tax continues to apply to certain transfers to a wholly owned grantor trust (Notice 2010-19). Some taxpayers had interpreted section 2511(c) to exclude from gift tax all transfers in trust where the trust is wholly owned by the donor or the donor’s spouse. The notice says the IRS plans to issue further guidance on this topic.

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