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IRS Rejects UPIA 10 Percent RuleIRS Rejects UPIA 10 Percent Rule

If an asset is to qualify for the federal estate tax marital deduction as qualified terminal interest property (QTIP), the decedent's surviving spouse must be entitled to all of the income for life from such asset.1 When an individual retirement account (IRA)2 is payable to a marital trust as beneficiary, what is the the spouse must be entitled to with respect to the IRA? The Internal Revenue Service

Natalie B. Choate, Of Counsel

July 1, 2006

10 Min Read
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Natalie B. Choate, of counsel, Bingham McCutchen LLP, Boston

If an asset is to qualify for the federal estate tax marital deduction as qualified terminal interest property (QTIP), the decedent's surviving spouse must be entitled to all of the income for life from such asset.1 When an individual retirement account (IRA)2 is payable to a marital trust as beneficiary, what is the “income” the spouse must be entitled to with respect to the IRA? The Internal Revenue Service has answered this question in Revenue Ruling 2006-26,3 issued in May. In the IRS' view, the spouse must be entitled either to the IRA's internal investment income or to a 3 percent to 5 percent “unitrust” payout. A trust that uses the “10 percent rule” adopted (as part of t...

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About the Author

Natalie B. Choate

Of Counsel

http://www.nutter.com/

Natalie B. Choate is an Of Counsel in the Trusts and Estates Department. Her practice is limited to estate planning for retirement benefits. Her two books, Life and Death Planning for Retirement Benefits and The QPRT Manual, are leading resources for estate planning professionals.

Natalie is the founder and former chair of the Boston Bar Estate Planning Committee; a former chair of the Boston Bar Employee Benefits Committee; and a member and former officer of the Boston Probate and Estate Planning Forum. She is a fellow and former Regent of the American College of Trust and Estate Counsel and former chairman of its Employee Benefits Committee. Named “Estate Planner of the Year” by the Boston Estate Planning Council, Natalie is listed in The Best Lawyers in America. The National Association of Estate Planners and Councils has awarded Natalie the “Distinguished Accredited Estate Planner” designation.

Her articles on estate planning topics have been published in ACTEC Notes, Estate Planning, Trusts and Estates, Tax Practitioners Journal and Tax Management. She is an editorial advisor for Trusts and Estatesmagazine. She writes a web column and “podcast” for MorningstarAdvisor.com

Natalie has taught professional-level courses in estate planning in 49 states, and has spoken at the Heckerling, Notre Dame, Heart of America, New England, Southern California, Mississippi, Tennessee, Washington State and Southern Federal Tax Institutes. Her comments on estate and retirement planning have been quoted in The Wall Street Journal, Money, Newsweek, Kiplinger’s Personal Finance, Forbes, Financial Planning, Financial World and The New York Times.