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How Shell PLC Employees Can Use Intentionally Defective Grantor Trusts (IDGTs) in Estate Planning

“Shell PLC 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.

“Shell PLC 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 Shell PLC 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 Shell PLC 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 Shell PLC 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 Shell PLC 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 Shell PLC 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 Shell PLC 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

Shell PLC 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 Shell PLC 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 Shell PLC 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 Shell PLC employee. For guidance tailored to your long-term goals, call us at (800) 900-5867 .

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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/ .

How does the Shell Provident Fund function in conjunction with the Shell Pension Plan to assist employees of Shell Oil Company in achieving retirement readiness, and what are the specific eligibility requirements that employees must meet to participate in these plans?

Shell Provident Fund and Shell Pension Plan for Retirement Readiness: The Shell Provident Fund (SPF) and Shell Pension Plan (SPP) work in tandem to enhance employees' retirement readiness by offering company contributions and accrued benefits. Employees are immediately eligible to contribute to SPF with automatic enrollment and varying company contributions based on service length, encouraging active participation and long-term investment. The SPF allows for pre-tax, Roth, and after-tax contributions, with options for loans and withdrawals under specific conditions. The SPP provides a structured pension benefit through the Accumulated Percentage Formula or 80-Point Formula, each tailored to accommodate the retirement goals and timelines of Shell employees, reinforcing a secure financial future upon retirement.

What process should an employee of Shell Oil Company follow to designate a beneficiary for their pension plan benefits, and what are the implications of such designations on retirement planning and estate considerations?

Designating a Beneficiary for Pension Benefits: Shell employees should designate a beneficiary for their pension plan benefits to ensure proper management of their estate and retirement funds. This designation helps in planning for future financial security for their beneficiaries, providing clarity and direction for the distribution of benefits upon the employee's death. The process includes selecting primary and contingent beneficiaries, with spousal consent required if choosing someone other than the spouse as a primary beneficiary.

What communication channels are available for employees of Shell Oil Company who have questions or need clarification regarding their benefits under the Shell Provident Fund and Shell Pension Plan, and how can they best utilize these resources?

Communication Channels for Benefit Queries: Shell provides multiple communication channels for employees to inquire about their benefits under the Shell Provident Fund and Shell Pension Plan. These include dedicated benefits service centers with toll-free numbers and comprehensive online portals that offer detailed plan information, tools for managing investments, and direct contact options to address specific concerns or changes in the employee’s benefit choices.

In cases of early retirement, what are the potential penalties, benefits, and strategic considerations for employees of Shell Oil Company looking to access their pension benefits prior to reaching the normal retirement age?

Early Retirement Considerations: Employees considering early retirement from Shell Oil Company should carefully evaluate the potential penalties and benefits. Strategic considerations include understanding the financial impacts of withdrawing pension funds early, such as reduced benefits and potential tax implications. Planning involves assessing personal financial needs against the long-term benefits of delaying pension withdrawal to maximize retirement income.

How do social security benefits integrate with the Shell Pension Plan, and what factors should employees of Shell Oil Company consider when planning for their overall retirement income, including the implications of receiving dual benefits?

Integration of Social Security Benefits: The integration of social security benefits with the Shell Pension Plan is crucial for employees to consider when planning their overall retirement strategy. Understanding how these dual benefits interact can significantly affect retirement planning, offering a combined approach to maximize retirement income and ensure financial stability in later years.

How does the Shell Oil Company address the issue of preretirement death benefits under the pension plan, and what specific options are available to employees to ensure their beneficiaries are protected in the event of untimely death before retirement?

Preretirement Death Benefits: The Shell Pension Plan includes provisions for preretirement death benefits, ensuring financial protection for beneficiaries in the event of an employee’s untimely death before retirement. These options are pivotal in securing financial support for surviving dependents, providing peace of mind that benefits will be handled according to the employee's wishes and maintained in the face of unforeseen circumstances.