Tax Implication of converting a JTWROS account to Trust

I’m not sure if you will answer this question, but I have seen few posts on trusts. My client created a trust for Estate Tax purposes. A few of their assets have been titled to the trust. We need to convert their joint account to a trust account, but I am concerned about the tax implication. The joint account has the wife listed first, reporting under her SS#. They use the husbands SS# for reporting purposes on their trust. I am concerned that the change in tax ID# will trigger capital gain. Is this a valid concern? They are joint owners of the account and are joint trustees, and they file a joint tax return.



If they’re trustees, the trust will be included in their estates.  If the purpose of the trust is to save estate taxes, this won’t accomplish that.

That is not correct.  The Trust will help because it allows for the use of a Credit Shelter Trust at 1st death.  This is Estate Planning 101.  Anyway, that isn’t what my question was about.  

You should realize that you are telling bsteiner, a nationally well known, published and  respected trusts & estates attorney that he is incorrect. My money’s on him.

Spiritrider:  thanks for the kind words.
I think the original poster is referring to a revocable trust.  Revocable trusts don’t cost or save estate taxes.  You may put the same dispositive provisions in a revocable trust as in a Will, or vice versa.

I agree b steiner is well respected knowledgable and will not question or contradict his opinion. if joint account is transferred to IRREVOCABLE INTENTIONALLY DEFECTIVE TRUST ther is no capital gain tax to a point. i could be corrected by b. steiner who will have final word.

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