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Tax Changes: New Restrictions on Grantor Trusts (GRATS Act)

New rules make it harder to use special trusts to avoid taxes when passing wealth to family members. If you use trusts to manage your assets, your tax costs and formal requirements will likely increase.
Key points
Special trusts (GRATs) must now have a minimum term of 15 years, preventing quick tax-free wealth transfers.
A minimum value for assets left in the trust is now required (25% of value or $500,000), increasing the cost of making gifts.
Any sale or exchange of property between an owner and their trust will now be treated and taxed as a regular market transaction.
If an owner pays the income taxes owed by the trust, that payment will be treated as a taxable gift.
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Status:
Introduced
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Additional Information
GRATS Act
Print number: S 4287
Sponsor: Sen. Wyden, Ron [D-OR]
Process start date: 2026-04-14