Grantor Type Trust
A grantor type trust is a legal trust under applicable state law that is not recognized as a separate taxable entity for income
tax purposes because the grantor or other substantial owners have not relinquished complete dominion and control over the
Generally, for transfers made in trust after March 1, 1986, the grantor is treated as the owner of any portion of a trust
in which he or she has a reversionary interest in either the income or corpus therefrom, if, as of the inception of that portion
of the trust, the value of the reversionary interest is more than 5% of the value of that portion. Also, the grantor is treated
as holding any power or interest that was held by either the grantor's spouse at the time that the power or interest was created
or who became the grantor's spouse after the creation of that power or interest. See Grantor Type Trusts, earlier, for more information.
Pre-need funeral trusts.
The purchasers of pre-need funeral services are the grantors and the owners of pre-need funeral trusts established
under state laws. See Rev. Rul. 87-127, 1987-2 C.B. 156. However, the trustees of pre-need funeral trusts can elect to file
the return and pay the tax for qualified funeral trusts. For more information, see Form 1041-QFT, U.S. Income Tax Return for
Qualified Funeral Trusts.
Nonqualified deferred compensation plans.
Taxpayers may adopt and maintain grantor trusts in connection with nonqualified deferred compensation plans (sometimes
referred to as “rabbi trusts
”). Rev. Proc. 92-64, 1992-2 C.B. 422, provides a “model grantor trust
” for use in rabbi trust arrangements. The procedure also provides guidance for requesting rulings on the plans that use these
The beneficiary of a qualified subchapter S trust is treated as the substantial owner of that portion of the trust
which consists of stock in an S corporation for which an election under section 1361(d)(2) has been made. See QSSTs