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Structuring Intentionally Defective Grantor Trusts Under Current Tax Law

Note: CPE credit is not offered on this program

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, September 12, 2023

Recorded event now available

or call 1-800-926-7926

This CLE course will provide estate planners with a comprehensive and practical guide to critical considerations and pitfalls to avoid in structuring intentionally defective grantor trusts (IDGTs). The panel will discuss navigating the tax treatment and fiduciary requirements for defective trusts upon the trustor's death, income allocation rules, post-mortem asset transfer strategies, and tax reporting requirements for defective grantor trusts.


For most taxpayers, estate planning should focus on income tax efficiency while also maximizing the estate tax exemption.

IDGTs, when structured correctly, are very effective for transferring assets and property that will likely appreciate to beneficiaries because they allow the grantor to sell or transfer assets to the trust without recognizing a gain. The sale of an asset to an IDGT is not considered a gift event that would trigger gift taxes, and the sale is not considered a taxable event that would trigger any capital gains tax. Also, the sale accomplishes the removal of the asset from the taxable estate. IDGTs offer benefits, but they are not without risks, including potential changes to the grantor trust rules that practitioners should advise their clients of.

Listen as our authoritative panel of estate planning counsel discusses best practices for determining which clients and assets can most benefit from IDGTs, maximizing the tax advantages, and avoiding the pitfalls associated with this technique.



  1. IDGT advantages and applications
  2. Regulatory and statutory requirements
  3. Structuring the trust
  4. Structuring asset transfer transactions to defective trusts
  5. Tax consequences for IDGTs


The panel will review these and other key issues:

  • What are the statutory and regulatory requirements for structuring IDGTs?
  • What are practical planning approaches for using IDGTs?
  • What drafting strategies should be used in creating IDGTs?
  • What tax considerations should estate planning counsel consider?


Dougherty, James
James I. Dougherty

Dungey Dougherty

Mr. Dougherty focuses his practice on probate, tax, trust, and estate issues. He assists executors and beneficiaries...  |  Read More

Holloway, Maurice
Maurice D. Holloway

Nelson Mullins Riley & Scarborough

Mr. Holloway has experience in the formation of corporations, partnerships, and limited liability companies;...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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