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Qualified Personal Residence Trust

Qualified personal residence trusts were created to avoid inheritors of homes from having to sell them in order to pay the gift taxes. The QPRT allows the residence that is to be gifted to be placed in a trust. While the trust is created and handled by the homeowner, the title to the property is transferred to the trust. The trust agreement contains a stipulation as to how many years the homeowner can stay in the home without paying rent, it may also contain a negotiation clause to cover rent if the homeowner wants to stay beyond the stipulated time in the trust. The homeowner, though not paying rent, is responsible for maintaining the home while living in it.

Fast Facts

  • QPRTs help reduce the gift tax on homes since the tax is not based on the value of the home when the trust was created but rather the future value at the end of the trust term.
  • In a QPRT the homeowner is allowed to live in the home but not allowed to mortgage it or otherwise use it as collateral as it no longer belongs to them in title.

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