d4A – (d)(4)(A)

By: Martin M. Shenkman, CPA, MBA, JD

(d)(4)(A) – This refers to the federal law that created a safe harbor for self-settled trusts known as special needs trusts in 1993. It sets forth the federal requirements for these trusts, include the payback provision, so that the assets in the trusts are not countable. Money transferred to these trusts is deemed to be gifts and are not subject to a penalty period of ineligibility. This is not referring to the annual gift exclusion of $13,000 per year.

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