What if my property is owned by a trust?
A dwelling owned by a trust is not the homestead of the beneficiary unless the claimant is the sole beneficiary of the trust and one of the following is true:
- The claimant or the claimant's spouse was the grantor of the trust, and the trust is revocable or became
irrevocable solely by reason of the grantor's death; or
- The claimant is the parent, grandparent, child, grandchild or sibling of the grantor, the claimant is mentally disabled or severely physically disabled, and the grantor's modified adjusted gross income is included in
the household income calculation.
The term "sole beneficiary" is satisfied if the homeowner and the spouse/civil union partner are the only beneficiaries
of the trust. A property owned by an irrevocable trust cannot be a homestead except as stated in (1) above. The
trust document does not have to be attached to the Property Tax Credit Claim
, but must be available for review
upon request from the Vermont Department of Taxes.