Brighton, MA asked in Estate Planning, Tax Law and Family Law for Massachusetts

Q: Is a Irrevocable trust legally obligated to pay income taxes on monetary cash gifts it receives ?

Id like to know:

Are Irrevocable trusts legally responsible to pay income taxes on any monetary cash gifts they receive within a single calendar year or is such money gifts the trusts acquire, exempt from any taxation requirements ?

(fyi: In this particular situation the money gifts would total only 3 this calendar year, offered by 3 separate individuals in the amounts of $18,000 )

Thank you

2 Lawyer Answers
Nina Whitehurst
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Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: At the federal level gifts are not taxable to the recipient. The gift giver might owe gift tax but that is highly unlikely to apply to such small amounts. Some states might have lower gift tax exemptions but, again, even those would be unlikely to impact such small gift amounts.

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James L. Arrasmith
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Answered
  • Estate Planning Lawyer
  • Sacramento, CA

A: In the United States, irrevocable trusts are generally not required to pay income taxes on monetary gifts they receive, as long as the gifts are within the annual gift tax exclusion limit. For the tax year 2024, the annual gift tax exclusion is $18,000 per recipient from each donor. This means that a single person can give up to $18,000 to as many individuals or trusts as they wish without incurring gift tax liability.

It is always advisable to consult with a qualified tax professional or estate planning attorney to ensure compliance with the most current tax laws and to understand the specific tax implications for your situation.

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