Trust
Withdrawal-Power / Crummey Trust
简明解释
A Crummey trust gives beneficiaries temporary, real withdrawal rights intended to make contributions present-interest gifts for annual-exclusion purposes; the rights, notices, funding, and trustee conduct must be genuine.
- Named for a court case, not a statute
- The name comes from a judicial doctrine, not a separate statutory trust form.
- Withdrawal rights must be real
- Withdrawal holders must receive actual legal rights, not merely paper notices.
- Lapses and hanging powers raise issues
- Lapses, hanging powers, beneficiary age, and number of power holders create tax and family issues.
Who does what in a trust
- Grantor / settlor Creates the trust and contributes property under the governing terms.
- Trust Holds legal title and defines powers, standards, beneficiaries, and duration.
- Trustee Administers, invests, accounts, and distributes under the document and governing law.
- Beneficiaries Receive permitted benefits now or later under the distribution terms.
深入了解
相关人员、时间节点与财产
Seek annual-exclusion treatment for gifts to an otherwise restricted trust.
- 由谁设立
- A donor making recurring or one-time contributions.
- 由谁担任受托人
- A trustee who can receive funds, issue notices, honor rights, and retain evidence.
- 谁可以成为受益人
- Withdrawal-right holders and longer-term trust beneficiaries.
- 生效时间
- At trust funding, with each contribution administered under its withdrawal window.
- 常见涉及资产
- Cash; Premium gifts; Other property only with liquidity and valuation planning
税务、转让与控制权
Present-interest treatment depends on legally enforceable withdrawal rights and facts; gift and GST reporting may still be required.
- 赠与税注意事项
- Classify any lifetime contribution or transfer under current gift-tax law. Whether it is a completed gift, requires valuation or Form 709 reporting, qualifies for an exclusion, or affects GST allocation depends on the transfer, retained powers, beneficiary rights, timing, and governing terms.
- 所得税处理方式
- often grantor trust but not required
- 遗产税减免潜力
- supports completed-gift planning
- GST规划
- possible with careful allocation
- 资产保护功能
- possible after withdrawal window closes, state-dependent
- 控制权注意事项
- Donor must accept that a beneficiary could exercise the right; side agreements not to withdraw can undermine the position.
规划适配性与管理事项
Trust enforcement and notice evidence are state-law matters overlaid by federal tax doctrine.
- 典型适用人群
- ILIT grantors; Families making recurring trust gifts
- 可能适用的情形
- Annual-exclusion treatment has value and the donor and trustee will honor and document genuine withdrawal rights.
- 可能不适用的情形
- The donor cannot tolerate withdrawal or the administrative burden exceeds the tax benefit.
- 州法注意事项
- Trust enforcement and notice evidence are state-law matters overlaid by federal tax doctrine.
- 已婚夫妇常见选择
- often useful
- 企业主适用情形
- sometimes
- 高净值人士适用场景
- often relevant but not wealth-exclusive
- 慈善用途
- no
- 相对复杂程度
- high
- 典型费用水平
- high
潜在优势与局限性
潜在优势
- Potential annual-exclusion gifts
- Long-term trust retention after window
- Common ILIT funding mechanism
局限性与权衡因素
- Notice burden
- Real withdrawal risk
- Technical lapse rules
- Family communication issues
常见错误
Notice before funds arrive
No proof of delivery
Premium paid before window
Trustee could not honor withdrawal
How it can play out
The trustee receives a premium contribution into the trust account, promptly sends trackable withdrawal notices, leaves cash available for the full window, records nonexercise, and only then pays the policy premium.
仅供示意参考。不同的事实情况、文件内容、日期及州法规定均可能改变分析结论。
关于此主题的问题 Withdrawal-Power / Crummey Trust
What determines how this trust works?
The signed governing terms, valid funding, retained powers, trustee authority, beneficiary rights, administration, tax classification, timing, and applicable state and federal law—not the trust name by itself.
Does this kind of trust automatically reduce tax or protect assets?
No automatic result follows from the label. Income, gift, estate, and GST tax classifications are separate questions, and creditor treatment depends on the settlor's and beneficiaries' rights, governing law, timing, and administration.
What should be verified before creating or funding the trust?
Verify the objective, governing instrument, fiduciaries, beneficiary standards, title and transfer restrictions, valuation, tax reporting, liquidity, governing state, expected administration, costs, and advice from appropriately qualified professionals.
Sources
- IRS Form 709 and instructionsInternal Revenue Service · United States—federal
- Internal Revenue Code, estate and gift tax subtitleU.S. House Office of the Law Revision Counsel · United States—federal
- Electronic Code of Federal Regulations, estate and gift taxesU.S. Government Publishing Office · United States—federal
各来源在审核日期时支持一般性教育表述。官方资料可能随时更新，来源链接不能替代针对具体情况的专业分析。 不构成法律、税务、投资或会计建议。