⚠️ 2026 cliff: Irrevocable trust funding before the TCJA sunset permanently uses the higher exemption — assets and all future appreciation leave the estate forever.
Estate tax reduction — asset protection — wealth transfer

Irrevocable trusts — permanently remove assets
from your estate and protect them for heirs

Irrevocable trusts are the primary tool for reducing estate taxes, protecting assets from creditors, and transferring wealth to the next generation tax-efficiently. Unlike a revocable trust, an irrevocable trust cannot be changed after it is established — but that permanence is precisely what makes it powerful for estate planning. This page is the overview of every irrevocable trust structure on this site.

The five irrevocable trust structures on this site

SLAT — Spousal Lifetime Access Trust

Best for: married couples reducing estate tax before 2026

One spouse funds the trust — other spouse is beneficiary and retains indirect access
Uses lifetime gift tax exemption at funding — removes assets and future growth from estate
Most urgent structure given the 2026 exemption cliff

ILIT — Irrevocable Life Insurance Trust

Best for: removing life insurance from taxable estate

Trust owns life insurance — death benefit passes estate-tax-free and income-tax-free
Funded via annual gifts using Crummey powers — no gift tax on premiums
Ed Slott's IRA rescue strategy — use RMDs to fund ILIT premiums

CRT — Charitable Remainder Trust

Best for: donors with appreciated assets + charitable intent

Transfer appreciated asset — avoid immediate capital gains on sale
Receive lifetime income from the trust plus a charitable deduction at funding
Remainder passes to charity at termination — removes from taxable estate

GRAT — Grantor Retained Annuity Trust

Best for: transferring appreciating assets at low gift tax cost

Transfer assets to trust — receive annuity back for a fixed term
If assets appreciate faster than IRS hurdle rate, excess passes to heirs gift-tax-free
Particularly effective for business interests or concentrated stock positions
Zero-out GRAT: annuity sized to return full principal — any appreciation is a free transfer

Dynasty Trust / Generation-Skipping Trust

Best for: multi-generational wealth transfer — bypassing the estate at each generation

Assets held in trust can skip estate tax at each generational transfer
Generation-skipping transfer (GST) tax exemption: $13.61M in 2024
Trust can last for multiple generations — or perpetually in some states
Combines with life insurance for maximum multi-generational wealth transfer
Grantor vs. non-grantor irrevocable trust — the income tax choice

Grantor trust — income taxed to the grantor

A grantor trust is an irrevocable trust where the grantor (the person who funded it) is still treated as the owner for income tax purposes — even though the assets are outside the estate. The grantor pays income tax on trust income personally. This sounds like a burden, but it is actually an additional tax-free gift — the grantor is paying taxes on money that belongs to the trust beneficiaries, further reducing the taxable estate without using any exemption. Most SLATs are structured as grantor trusts for this reason.

Non-grantor trust — trust pays its own taxes

A non-grantor trust is a separate taxpayer — it files its own income tax return and pays taxes on trust income at the compressed trust tax rates (which reach 37% at just $15,200 of income in 2024). Non-grantor trusts are used when the grantor does not want to bear the ongoing income tax liability, when the grantor is in a low-income-tax state and the trust is in a state with no income tax, or when distributions to beneficiaries are the preferred mechanism for managing the trust's tax bill.

Irrevocable trust comparison — which structure for which goal
StructurePrimary goalRequires charitable intentSpouse access retainedIncome to grantor
SLATEstate tax reductionNo✓ Via spouseNo — spouse receives
ILITEstate-tax-free death benefitNoNoNo
CRTCapital gains deferral + income✓ RequiredNo — grantor receives annuity✓ Lifetime annuity
GRATTransfer appreciating assetsNoNo✓ Fixed-term annuity
Dynasty trustMulti-generational transferNoNoNo

Free 2-minute self-assessment

What's Your Retirement Tax Readiness Score?

13 questions. No documents. No jargon. See your exposure to RMD stacking, IRMAA surcharges, and the Widow Tax Penalty — before the IRS shows you.

Get My Score →

Content on TaxMitigation.net is for educational purposes only. Always consult a qualified professional before implementing any strategy.