Ronny, a successful business owner, established a discretionary family trust earlier this year as a...

The best available strategy is to realize gains periodically and allocate the gains to beneficiaries rather than allowing a large unrealized gain to accumulate until the 21-year deemed disposition date. A discretionary family trust is generally deemed to dispose of capital property every 21 years, which can create a significant tax liability if appreciated assets remain in the trust. Periodic realization and allocation can smooth the tax burden and may use beneficiary tax attributes over time, depending on the property and anti-avoidance rules. Realizing all gains at the 21-year mark concentrates the tax problem. Leaving the gains taxable in the trust is often inefficient because trusts can be taxed at high rates. Revoking the trust does not make the accrued gain disappear; tax rules still govern dispositions and distributions. The planner should coordinate with tax counsel well before the 21-year anniversary. Study Guide focus: family trusts, 21-year deemed disposition, capital gains allocation, tax minimization, and trust planning.

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