Did a grantor-beneficiary have a taxable trust interest when the trust allowed reacquisition of principal by substituting other property?

Plain-English summary

Florida concluded that the grantor-beneficiary had a taxable beneficial interest in the trust and had to file an intangible-tax return.

The trust allowed the grantor to reacquire trust principal by substituting other property. The Department treated that power as sufficient control over the trust assets to create the taxable interest described by section 199.023(7) and Rule 12C-2.002(1)(c).

The ruling is short and does not publish other material trust terms. Its decision rests directly on the substitution power stated in the official text.

What this means for you

Grantors and beneficiaries

A substitution right can have tax consequences even if the trust is otherwise structured to restrict access to principal. The Department focused on the grantor's ability to reacquire the corpus.

Trustees and estate planners

Review powers over asset substitution alongside express revocation, withdrawal, and appointment powers. A control right may create a taxable beneficial interest even when it uses different terminology.

Accountants and tax professionals

The published ruling does not disclose the trust's full structure. Apply its conclusion only to the clearly stated substitution power and confirm all other terms independently.

Common questions

Q: What power did the grantor retain?
A: The ability to reacquire trust principal by substituting other property.

Q: Did Florida treat that power as taxable?
A: Yes.

Q: Was a return required?
A: Yes.

Q: Did the ruling publish the trust's other terms?
A: No. The public text is limited to the substitution provision and the resulting conclusion.

Q: Can another trust rely on this TAA?
A: Not automatically. The advisement states that it binds the Department only on the complete trust facts submitted, while the public copy discloses only the substitution power central to the holding.

Citations and references

• Fla. Stat. § 199.175 — Florida taxable situs and control
• Fla. Stat. § 199.023(7) — taxable beneficial interest in a trust
• Fla. Admin. Code r. 12C-2.002(1)(c) — beneficiary rights that create a taxable interest
• Fla. Stat. § 213.22 — Technical Assistance Advisements

Source

• Landing page: Florida Tax Law Library
• Advisement: TAA 96C2-116

Original ruling text

Nov 07, 1996

Re: Technical Assistance Advisement No. 96(C)2-116
Intangible Tax; XXX Trust

Dear :

This office has received your request for a Technical Assistance
Advisement for the proposed trust listed above. This office has
examined the trust document that contains provisions governing
duties of trustees and rights of the grantor/beneficiary. Under
the provisions of the trust, the grantor may reacquire the trust
principal by substituting other property.

Provisions of Law

Section 199.175, F.S., describes persons and assets with a
taxable situs in Florida. A person domiciled in Florida that
controls taxable intangible property must return the property
for taxation.

Subsection 199.023(7), F.S., and Rule 12C-2.002(1)(c), F.A.C.,
state that a taxable beneficial interest in a trust includes at
least a current right to income coupled with either a right to
revoke the trust, or a right to invade the corpus of the trust,
or a general power of appointment.

Discussion of Law

Based on the express provisions of the trust, that the
grantor/beneficiary has the power to substitute property, he
does have a taxable beneficial interest in the trust, and a
return would be required.

This response constitutes a Technical Assistance Advisement
under s. 213.22, F.S., which is binding on the Department only
under the facts and circumstances described in the request for
this advice as specified in s. 213.22, F.S. Our response is
predicated on those facts and the specific situation summarized

above. You are advised that subsequent statutory or
administrative rule changes or judicial interpretations of the
statutes or rules upon which this advice is based may subject
similar future transactions to a different treatment than
expressed in this response.

You are further advised that this response and your request are
public records under Chapter 119, F.S., which are subject to
disclosure to the public under the conditions of s. 213.22, F.S.
Your name, address, and any other details which might lead to
identification of the taxpayer must be deleted by the Department
before disclosure. In an effort to protect the confidentiality
of such information, we request you notify the undersigned in
writing within 15 days of any deletions you wish made to the
request or the response.

Sincerely,

Mary Ella Ingram
Tax Specialist
Tax Policy and Dispute Resolution