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Pros and Cons of NV Trusts

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Establishing a Nevada Trust for Tax Purposes: Pros and Cons

Tax planning is one of the critical aspects of business that requires careful attention. Over the years, Nevada trusts have become one of the most significant investment aspects from a tax standpoint. However, Nevada trusts present certain tax challenges that require careful attention.

To gain a comprehensive understanding of these concepts, please read the following blog post:

What is the Nevada Trust?

According to the legal definition, a Nevada trust is a legal arrangement in which you, as the settlor, transfer your legal assets to an assigned trustee, who will then manage those assets for the benefit of the beneficiaries.

The Nevada Trust supports the following set of tax laws; let’s take a look:

  • No state income tax: 

The state income tax does not apply to any of the assets registered under the name of Nevada Trust.

  • Favorable asset protection laws: 

The Nevada trust’s legal obligations prohibit a creditor from seizing assets held in the trust’s name.

  • Flexibility in trust design: 

One of the potential aspects of investing in a Nevada trust is that it allows a greater degree of customisation when creating a trust. 

Pros of Nevada Trusts:

Before creating a Nevada Trust, let us analyse its pros, which are as follows: 

  1. Reduced Estate Taxes: All those assets that are placed under the properly structured irrevocable trust are no longer a part of your current estate value, thus potentially lowering your estate tax bill.
    The current federal estate tax exemption stands at $12.92 million per person ($25.84 million for married couples filing jointly in 2024). Most US citizens cannot claim this benefit unless they are high-income individuals. 
  2. Income Tax Deferral: The trust’s entire income is subject to a significantly lower tax bill.
  3. Charitable Giving: Nevada Trust is considered a significant tool for various charitable purposes.

Cons of Nevada Trusts:

Before creating a Nevada Trust, let us analyse its cons, which are as follows:

  1. Grantor Trust Rules: If you, as the trustee, are completely controlling the rights over the trust, such as the right to either receive or revoke income, etc., this, over time, will be considered a grantor trust for tax purposes. In summary, you will eventually receive taxation on the trust’s income, which will change the initial tax benefits you could have claimed.
  2. Considerations for Gift Tax: Assets transferred to any irrevocable trust are considered taxable gifts. However, in 2024, there will be an exemption of $16,000 per recipient, and this annual gift exemption may impact its reduction.
  • Cost of Establishment and Maintenance: The Nevada Trust’s creation incurs a legal fee associated with the creation of the Nevada Trust. This fee is part of the administrative and maintenance costs. 

Bottom Line:

From the above article, we have shared detailed information about the pros and cons of establishinga  Nevada Trust. However, before establishing a Nevada trust, consulting with tax experts such as is quite important, as the tax experts will fully analyse your assets to determine how much atx exemption can you claim from Nevada Trust.

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