The sale of appreciated assets to a grantor trust in exchange for an installment note is a popular estate planning technique that is used to remove appreciating assets from the seller’s taxable estate, but without incurring a capital gain tax on the sale to the trust. Unfortunately, a couple of questions still remain unanswered with the settlor’s sale of an appreciating asset to his/her grantor trust in exchange for an installment promissory note. Because these questions have not been readily answered by the IRS, it would be best for the grantor trust to pay off the promissory note in full before the settlor dies.
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