Skip to content
Rubric AdvisorsRubric Advisors

Curated by:

Estate & Legacy

Grantor Retained Annuity Trust (GRAT)

Grantor Retained Annuity Trusts (GRATs) allow high-net-worth individuals to transfer rapidly appreciating assets to beneficiaries while minimizing gift and estate tax consequences.

Grantor Retained Annuity Trust (GRAT)

1 / 6

What is a GRAT?

  • Irrevocable trust allowing asset transfer with retained annuity income stream
  • Grantor contributes assets but receives fixed payments over stated term
  • Asset growth occurs outside grantor's estate for tax purposes
  • Remaining assets pass to beneficiaries after term ends

Full Guide

What is a GRAT?

  • Irrevocable trust allowing asset transfer with retained annuity income stream
  • Grantor contributes assets but receives fixed payments over stated term
  • Asset growth occurs outside grantor's estate for tax purposes
  • Remaining assets pass to beneficiaries after term ends

Ideal GRAT Candidates

  • Estates expected to exceed lifetime exemption of approximately $13.99M
  • Holders of rapidly appreciating assets like startup stock shares
  • Assets growing faster than current IRS hurdle rate required
  • Those seeking generational wealth transfer with minimal gift taxes

Zeroed-Out GRAT Structure

  • Annuity stream value equals initial property contribution to GRAT
  • IRS considers gift value as zero against lifetime exemption
  • Excess growth above hurdle rate transfers tax-free to beneficiaries
  • Failed GRATs return assets to grantor through annuity payments

IRS Hurdle Rate

  • GRAT must pay annuity based on IRS section 7520 rate
  • Rate has ranged between 1% and 6% since 2008
  • Assets must appreciate faster than hurdle rate for success
  • Pre-IPO shares often exceed hurdle rate making GRATs effective

GRAT Risks and Costs

  • Irrevocable trust structure creates permanent decision with lasting consequences
  • Failed GRATs result in lost legal fees and administration costs
  • No asset transfer occurs if appreciation doesn't exceed hurdle
  • Professional guidance recommended for complex estate planning decisions

Key Takeaways

  • Consider GRATs for rapidly appreciating assets above lifetime exemption threshold
  • Zeroed-out structure minimizes gift tax impact on wealth transfers
  • Success depends on asset growth exceeding IRS hurdle rate
  • Consult professionals before making irrevocable trust decisions