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Loophole

Crummey Powers — Turn Trust Gifts into Annual-Exclusion Gifts

Give beneficiaries a 30-day withdrawal right so trust contributions qualify for the $19K annual gift exclusion.

Overview

Gifts to a trust are 'future interests' and don't qualify for the annual gift exclusion UNLESS beneficiaries have a PRESENT interest. Crummey powers (from Crummey v. Commissioner) grant beneficiaries a temporary (typically 30-day) right to withdraw contributed funds. Even if they never exercise, the WITHDRAWAL RIGHT creates the present interest. Standard technique for irrevocable life insurance trusts (ILITs), dynasty trusts, and children's trusts to fund premiums or contributions using annual exclusion. Requires written notice each contribution.

Best fit
ILIT premium fundersDynasty trust grantorsMulti-generational trust builders
Estimated impact
Move $19K/yr per beneficiary into trust exemption-free

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