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How Flowers Foods Employees Can Use Intentionally Defective Grantor Trusts (IDGTs) in Estate Planning

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“Flowers Foods employees reviewing IDGTs can benefit from understanding how these trusts may support long-term legacy planning, although qualified legal and tax professionals should review these strategies to determine whether they fit into their overall goals.” ~ Wesley Boudreaux, a representative of The Retirement Group, a division of Wealth Enhancement.

“Flowers Foods employees considering an IDGT should recognize how this strategy may support long-term wealth transfer goals, although these structures should be reviewed with qualified legal and tax professionals to determine whether they align with each household’s broader plan.” ~ Patrick Ray, a representative of The Retirement Group, a division of Wealth Enhancement.

In this article, we will discuss:

How intentionally defective grantor trusts (IDGTs) work.
The advantages and potential limitations of using an IDGT.
Key considerations for Flowers Foods employees evaluating this type of planning strategy.

An irrevocable trust arrangement known as an intentionally defective grantor trust (IDGT) allows the grantor to move assets out of their taxable estate while still being treated as the owner of those assets for income tax purposes. Many people, including Flowers Foods employees with high-growth or income-producing holdings, may benefit from using this strategy to support long-term wealth preservation.

How an Intentionally Defective Grantor Trust Works

For tax purposes, different kinds of trusts receive different treatment, and understanding the distinctions can help Flowers Foods professionals review planning strategies more effectively.

Revocable Trusts

In a revocable trust, the grantor is taxed on trust income and is regarded as the owner for income tax purposes. A separate trust income tax return is usually unnecessary. These assets generally remain inside the grantor’s taxable estate because the grantor maintains full control.

Irrevocable Trusts

An irrevocable trust is treated as its own tax entity, filing its own return and taking its own deductions. When properly drafted so the grantor does not retain certain powers or interests, assets transferred to an irrevocable trust are generally removed from the taxable estate, a detail that can matter for Flowers Foods professionals with substantial savings or investment holdings.

How IDGTs Combine These Features

An IDGT is structured as an irrevocable trust for estate and gift tax purposes, removing assets from the taxable estate, but is treated as a grantor trust for income tax purposes. As long as the grantor pays income taxes on trust earnings, the trust’s assets can grow outside the estate, which may appeal to Flowers Foods professionals with long-term legacy goals.

Why It’s Called “Intentionally Defective”

The trust is drafted so that, under IRS grantor-trust rules, the grantor remains the owner for income tax purposes due to certain retained powers. At the same time, the trust is irrevocable for estate tax purposes, allowing the assets to remain outside the taxable estate—a structure that may assist with multigenerational planning.

Advantages of an Intentionally Defective Grantor Trust

Because an IDGT is a grantor trust for income tax purposes, the grantor pays income tax on trust earnings. This leads to two important benefits that may interest Flowers Foods employees with high-value assets:

- Trust assets can grow for beneficiaries without being reduced by income tax payments.
- Income tax paid by the grantor reduces the taxable estate without being classified as a gift.

- This dynamic—where grantors use personal funds to pay taxes that would otherwise reduce trust assets—is often referred to as a “tax burn.”

How Assets Are Transferred to an IDGT

Flowers Foods employees reviewing wealth transfer strategies may encounter two common approaches:

1. Gift or Partial Gift/Sale

A grantor can move assets to an IDGT as a gift. If the gift stays within the lifetime gift and estate tax exemption, it typically does not create out-of-pocket gift tax. Some planning approaches combine a partial gift with a sale to balance estate goals.

2. Sale to the IDGT

Many grantors sell assets to an IDGT in exchange for a promissory note with an interest rate at or above the IRS Applicable Federal Rate (AFR).

- The sale is typically not treated as a taxable gift if conducted at fair market value.
- Appreciation above the AFR occurs outside the grantor’s estate for beneficiaries.
- When AFR rules and loan requirements are followed, the note is treated as valid consideration and carries an interest obligation.

Potential Drawbacks of an IDGT

Once established, an IDGT is difficult to modify, similar to other irrevocable trusts. Outcomes also depend on the trust assets growing at a rate higher than the AFR. If that does not occur, the intended estate planning benefits may fall short—an important consideration for Flowers Foods employees reviewing various asset types.

Who Might Consider an IDGT?

An IDGT can be appealing for families facing potential estate tax exposure, especially when transferring assets with strong growth potential. This approach works best when the grantor has sufficient liquidity to continue paying the trust’s income taxes personally, a factor some Flowers Foods employees review when assessing retirement and estate liquidity. Because the structure requires precise legal drafting, it should be established with qualified legal counsel.

Need Support with IDGTs or Retirement Planning?

The Retirement Group can assist you in reviewing whether an IDGT fits into your broader retirement and estate plan as a Flowers Foods employee. For guidance tailored to your long-term goals, call us at (800) 900-5867 .

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Articles you may find interesting:

Sources:

1. BMO Wealth Management. Herman, Brad. Intentionally Defective Grantor Trust. BMO Financial Group, Oct. 2021,
https://uswealth.bmo.com/media/filer_public/8b/3f/8b3f85c6-21b0-407e-bfbf-0f9b181c1673/bwm_idgtarticle_1103.pdf .

2. Fidelity Wealth Management. “What Is an Intentionally Defective Grantor Trust (IDGT)?” Fidelity Viewpoints , 4 Dec. 2025,
https://www.fidelity.com/viewpoints/wealth-management/insights/intentionally-defective-grantor-trusts .

3. Hirtle, Callaghan & Co. Estate Planning With Intentionally Defective Grantor Trusts.
Hirtle, Callaghan & Co., 2020,
https://www.hirtlecallaghan.com/wp-content/uploads/2020/08/Intentionally-Defective-Grantor-Trusts.pdf .

4. Nevada Trust Company. Ford-Grella, Jaclyn. “How Intentionally Defective Grantor Trusts Can Safeguard Assets for Future Generations.” Nevada Trust Company , 10 Dec. 2024,
https://www.nevadatrust.com/how-intentionally-defective-grantor-trusts-can-safeguard-assets-for-future-generations/ .

What is the 401(k) plan offered by Flowers Foods?

The 401(k) plan at Flowers Foods is a retirement savings plan that allows employees to save a portion of their salary on a pre-tax basis, helping them prepare for retirement.

Does Flowers Foods offer a company match for the 401(k) contributions?

Yes, Flowers Foods offers a company match for employee contributions to the 401(k) plan, which helps boost employees' retirement savings.

What is the eligibility requirement to participate in the Flowers Foods 401(k) plan?

Employees of Flowers Foods are eligible to participate in the 401(k) plan after completing a specified period of service, typically 30 days.

How can employees of Flowers Foods enroll in the 401(k) plan?

Employees can enroll in the Flowers Foods 401(k) plan through the company’s HR portal or by contacting the HR department for assistance.

What types of investment options are available in the Flowers Foods 401(k) plan?

The Flowers Foods 401(k) plan offers a variety of investment options, including mutual funds, stocks, and bonds, allowing employees to diversify their retirement savings.

Can employees change their contribution percentage to the Flowers Foods 401(k) plan?

Yes, employees can change their contribution percentage to the Flowers Foods 401(k) plan at any time, subject to the plan’s guidelines.

When can employees of Flowers Foods take a loan from their 401(k) plan?

Employees can take a loan from their Flowers Foods 401(k) plan under certain conditions, such as financial hardship or specific personal needs, as outlined in the plan documents.

What happens to the Flowers Foods 401(k) plan if an employee leaves the company?

If an employee leaves Flowers Foods, they can either roll over their 401(k) balance to a new employer's plan, an IRA, or withdraw the funds, subject to taxes and penalties.

Is there a vesting schedule for the company match in the Flowers Foods 401(k) plan?

Yes, Flowers Foods has a vesting schedule for the company match, meaning employees must work for a certain number of years before they fully own the matched contributions.

How often can employees of Flowers Foods review their 401(k) account statements?

Employees can review their Flowers Foods 401(k) account statements quarterly, and they can also access their accounts online at any time.

With the current political climate we are in it is important to keep up with current news and remain knowledgeable about your benefits.

Flowers Foods offers a 401(k) Retirement Savings Plan through Empower for its employees, known as the FLOWERS FOODS, INC. 401(K) RETIREMENT SAVINGS PLAN. This plan covers approximately 11,266 employees. Flowers Foods, headquartered in Thomasville, Georgia, has been in operation since 1919, specializing in the production of bread, buns, cakes, and pastries. Their 401(k) plan includes a company match program, encouraging employees to contribute towards their retirement. Employees have the option to roll over their 401(k) into an IRA or a new 401(k) if they no longer work at the company (Jobs at Flowers Foods) (Capitalize). The specific eligibility criteria for the 401(k) plan at Flowers Foods includes full-time employment, and the company offers professional growth opportunities as part of their benefits package. For 2023 and 2024, Flowers Foods has maintained this plan under Empower with consistent matching contributions

Restructuring Layoffs: Flowers Foods has recently undergone significant restructuring, resulting in the elimination of approximately 250 positions across various departments. This move is part of a broader strategy to streamline operations, reduce complexity, and improve profitability. Despite the layoffs, Flowers Foods continues to pursue growth opportunities through innovation and strategic investments, indicating a focus on long-term sustainability. It's crucial to address these restructuring efforts due to the current economic pressures and the need for companies to adapt to changing market conditions. Benefit Changes and Pension/401(k) Updates: The company has also made adjustments to its employee benefits, including pension plans. They recently purchased an annuity to complete the termination of a pension plan, which aligns with their strategy of focusing resources on more profitable ventures. Additionally, Flowers Foods continues to provide a standard 401(k) match of up to 6%, although the program remains underutilized by employees. This highlights the importance of staying informed about benefit changes, especially in an uncertain economic and political environment. Addressing these updates is crucial as they directly impact employees' financial security and retirement planning.

2022: Flowers Foods granted Time-Based Restricted Stock Units (TBRSUs) under its 2014 Omnibus Equity and Incentive Compensation Plan. These RSUs vest based on continued employment over a specific period, typically three years. The RSUs do not carry voting rights or dividend rights until they vest and convert into actual shares of Flowers Foods stock (Justia). 2023: The company continued to offer similar equity incentives, focusing on performance-contingent RSUs. These RSUs vest based on the company's performance metrics, such as Return on Invested Capital (ROIC) and Total Shareholder Return (TSR). The vesting periods for these RSUs run through 2024, ensuring that recipients remain with the company while contributing to its long-term success (Nasdaq). 2024: The company has not significantly altered its stock options and RSU offerings, continuing to use performance-based vesting criteria to motivate and retain key personnel. The RSUs remain a key component of compensation for Flowers Foods’ executives and upper management (Justia) (Nasdaq).

Flowers Foods offers a comprehensive health benefits package aimed at supporting the long-term well-being of its employees and their families. The company provides two main medical plan options: PPO and PPO Plus, the latter of which is associated with a Health Savings Account (HSA). Other benefits include Flexible Spending Accounts (FSA) for healthcare and dependent care, dental and vision insurance, short-term disability coverage, and voluntary long-term disability insurance. The company also offers an Employee Assistance Plan (EAP) and various supplemental insurance options

Additional Articles

Check Out Articles for Flowers Foods employees

For more information you can reach the plan administrator for Flowers Foods at , ; or by calling them at .

https://www.thelayoff.com/t/1qkSChku https://www.nasdaq.com/market-activity/stocks/flo https://contracts.justia.com/companies/flowers-foods-inc-535/contract/223524/ https://www.bivio.com/trez_talk/mail-thread?p=69437500003 https://www.just-food.com/news/usa-flowers-foods-inc-spin-off-completed-kellogg-acquires-keebler/ https://careers.flowersfoods.com/content/benefits/ https://www.foodmanufacturing.com/capital-investment/news/21140663/flowers-foods-cuts-250-jobs-in-restructuring https://www.foodbusinessnews.net/articles/25535-limited-growth-seen-in-24-at-flowers-foods https://www.bakingbusiness.com/articles/60300-legal-settlement-drags-down-flowers-foods https://www.idx.inc/