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The Two Trusts Behind America's Biggest Family Fortunes: GRATs vs. IDGTs

Gideon Strategic Partners  ·  October 26, 2026

The short answer

GRATs and intentionally defective grantor trusts (IDGTs) do the same basic job. Each freezes the value of a fast-growing asset in your estate and shifts the future growth to your heirs, free of estate and gift tax. The Walton family used GRATs to move Walmart stock, and sales to IDGTs are a staple of family-office planning.

The key differences come down to three things:

  • The hurdle. A GRAT must beat the IRS Section 7520 rate, 6.2% for November 2026. An IDGT sale must beat a lower rate, the applicable federal rate (AFR), as low as 4.67% for a short-term note that month (IRS Rev. Rul. 2026-21).
  • Death risk. If you die during a GRAT's term, the assets come back into your estate. An IDGT has no such cliff.
  • Grandchildren. An IDGT can be made exempt from generation-skipping tax from day one. A GRAT cannot.

The rule of thumb: a GRAT for a quick, gift-free bet on a volatile asset; an IDGT for a larger, longer-term, multigenerational transfer. Many families use both.

How a sale to an IDGT works

You already know how a GRAT works: you get back your assets plus the IRS rate, and heirs keep the excess. An IDGT reaches a similar result through a sale instead of an annuity.

You sell the asset for a note; growth above the note rate stays with heirs

You (the grantor)

Own a business, LLC units or stock likely to grow

gift + sale
The IDGT

Irrevocable, outside estate
Buys the asset with a note
You pay its income tax

the growth
Your heirs

Children and grandchildren
Can be GST-exempt

note payments to you: interest at the AFR, then principal
No capital gain on the sale. Seed gift of about 10% uses some of your exemption.
How a sale to an IDGT works: 3 parties, 4 steps.
  1. Seed the trust. You gift cash or assets to a new irrevocable trust, commonly about 10% of the value you plan to sell, so the trust looks creditworthy (McCarthy Fingar).
  2. Sell the asset to the trust. The trust buys your shares or LLC units with a promissory note at the applicable federal rate. Because the trust is a grantor trust, the IRS ignores the sale for income tax: no capital gain (Northern Trust).
  3. Collect the note. The trust pays you interest, often interest-only with a balloon at the end, from the asset's cash flow.
  4. Heirs keep the growth. Once the note is repaid, everything left in the trust, all the growth above the note rate, belongs to your heirs outside your estate.

The “defective” part is deliberate: the trust is outside your estate for estate tax, but its income is still taxed to you.

The rate gap: why IDGTs often pass more

The IDGT's edge comes from its lower hurdle. A GRAT's payments are priced at the Section 7520 rate, while an IDGT note only has to pay the AFR, which is almost always lower (McCarthy Fingar). An interest-only note also leaves more assets compounding inside the trust.

Over nine years, an IDGT sale passes about twice as much as a GRAT

$10M asset, 9-year term, November 2026 rates: GRAT hurdle 6.2%, IDGT note at 5.08% mid-term AFR. Seed gift excluded.

$0$5M$10M$0$04%$0$1.1M6%$1.5M$3.6M8%$3.4M$6.7M10%$5.8M$10.2M12%
GRATSale to an IDGT

Annual growth of the asset; amount passed to heirs after the trust repays you

Illustrative: level annual GRAT payments; interest-only IDGT note with balloon; November 2026 IRS rates (Rev. Rul. 2026-21).

Reading the chart. At 10% annual growth, the IDGT passes about $6.7 million versus about $3.4 million for a nine-year GRAT. At 6% growth, below the GRAT's hurdle, the GRAT passes nothing while the IDGT still passes about $1.1 million.

What the chart leaves out. The IDGT needs a seed gift, typically about $1 million here, which uses part of your exemption. The GRAT needs no gift at all. And a nine-year GRAT carries real mortality risk; in practice most families would roll shorter two-year GRATs instead.

GRAT vs. IDGT, head to head

GRATSale to an IDGT
How value movesYou take back an annuity; heirs keep the excessYou sell for a note; heirs keep growth above the note rate
Hurdle rate (November 2026)Section 7520 rate: 6.2%AFR: 4.67% short-term, 5.08% mid-term, 5.52% long-term
Gift or exemption usedNear zero when zeroed outA seed gift, commonly about 10% of the sale
If you die during the termAssets pulled back into your estateNo cliff; only the unpaid note is in your estate
Generation-skipping (GST)Exemption cannot be allocated until the term endsExemption can be allocated from day one
Payment flexibilityAnnuity can rise at most 20% a yearInterest-only with a balloon is common
Income taxGrantor trust: you pay the trust's taxGrantor trust: you pay the trust's tax
IRS certaintyRules set by statute and regulationsBuilt on IRS rulings and case law, with more audit risk
Best forVolatile assets, quick bets, no exemption leftLarger, long-term, multigenerational transfers

Sources: IRS Rev. Rul. 2026-21; McCarthy Fingar.

IDGT rules and risks to understand first

The seed gift. Planners commonly fund the trust with about 10% of the note's value before the sale so the trust can credibly repay its debt (McCarthy Fingar). That gift uses part of your lifetime exemption, now $15 million per person.

The note must be real. Interest at least at the AFR, a written note, and actual payments on schedule. A note that is never paid invites the IRS to recast the sale as a gift.

Paying the trust's income tax is a feature. The IRS has ruled that your payment of the trust's income tax is not a gift (Northern Trust). Every tax dollar you pay lets the trust keep more for your heirs, and shrinks your taxable estate.

No step-up in basis. Assets in an IDGT are outside your estate, so they do not get a new basis at your death. The IRS confirmed this in Rev. Rul. 2023-2 (Journal of Accountancy). Many trusts include a power to swap high-basis assets back in for low-basis ones, a planning step to discuss with your advisor.

Death before the note is paid. The unpaid note balance is part of your estate, and the income tax treatment of the remaining note is unsettled. Shorter notes and life insurance can limit this risk.

Valuation discounts add leverage, and scrutiny. Selling non-voting LLC or partnership units at a discount lets more value move per dollar of note, but the discount must be supported by a qualified appraisal.

Using both, and the California angle

Many families do both. A common pattern: rolling two-year GRATs for a volatile asset such as pre-IPO stock, plus a sale to a GST-exempt IDGT for a stable business or real estate LLC meant to benefit grandchildren. A GRAT's remainder can also be poured into an existing IDGT when the term ends.

Timing matters this year. November 2026 rates are higher than October's for both strategies. A GRAT or note set up by October 31 locks in a 5.6% Section 7520 rate and a 4.61% mid-term AFR (IRS Rev. Rul. 2026-19), rather than November's 6.2% and 5.08% (IRS Rev. Rul. 2026-21).

California. California has no gift or estate tax, so neither transfer is taxed by the state. Both trusts are grantor trusts, so their income is taxed to you at California rates of up to 13.3% while you are alive. Transfers of California real estate into either trust can trigger a property tax reassessment, and Proposition 19 sharply limits the parent-child exclusion (Greenberg Glusker). Holding real estate in an LLC and transferring minority interests is a common workaround to review with counsel.

FAQ

What is the difference between a GRAT and an IDGT?

Both shift an asset's future growth to heirs free of estate tax. A GRAT pays you back through an annuity priced at the Section 7520 rate; an IDGT buys the asset from you with a note at the lower applicable federal rate.

Which passes more to heirs?

Usually the IDGT, because its hurdle rate is lower and an interest-only note keeps more assets compounding. In our nine-year example at 10% growth, the IDGT passed about $6.7 million versus about $3.4 million for the GRAT.

Why is it called “intentionally defective”?

The trust is deliberately drafted to be outside your estate for estate tax but still yours for income tax. That “defect” lets you sell to it without capital gains tax and pay its income tax for your heirs.

Do I need to use my exemption for an IDGT?

Typically yes, for the seed gift, often about 10% of the sale. A zeroed-out GRAT uses essentially none.

What happens if I die before the note is repaid?

The unpaid note is part of your estate, but the trust's growth is not. With a GRAT, dying during the term pulls the assets back into your estate.

Can either trust benefit grandchildren?

An IDGT can be GST-exempt from day one, which makes it the better dynasty tool. A GRAT cannot receive a GST allocation until its term ends.

Do assets in these trusts get a step-up in basis at my death?

No. Assets that have passed to the trust keep your original basis, as the IRS confirmed in Rev. Rul. 2023-2.

Important Disclosures

Source: Gideon Strategic Partners, Important Disclosures (effective April 1, 2026).

This article is for educational purposes only. Nothing provided herein constitutes tax advice. Individuals should seek the advice of their own tax advisor for specific information regarding tax consequences of investments.

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Sources

Listed in the order they first appear in this article.

  1. IRS Rev. Rul. 2026-21: Section 7520 rate and AFRs for November 2026
  2. McCarthy Fingar: Utilizing FLPs, GRATs and sales to defective grantor trusts
  3. Northern Trust: Tax planning with irrevocable grantor trusts
  4. Journal of Accountancy: No basis step-up for grantor trust assets (Rev. Rul. 2023-2)
  5. IRS Rev. Rul. 2026-19: Section 7520 rate and AFRs for October 2026
  6. Greenberg Glusker: Proposition 19 limits on parent-child transfers
  7. Gideon Strategic Partners: Important Disclosures

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